Case Reports

A Scottish man who was injured in a quad bike accident while on holiday in Greece has been unsuccessful in obtaining damages in relation to his injuries. Keith Fitzsimmons claimed he was injured when the quad bike came into contact with a tanker whilst on the road. As the driver could not be located

The Outer House of the Court of Session has allowed a proof to determine the true creditors of the incorporated joint venture responsible for the construction of the Aberdeen Western Peripheral Route in an action of multiplepoinding raised at the instance of the joint venture. Of the original 18 def

A strawberry farmer in Arbroath who was supplied with defective polythene sheeting has succeeded in establishing that the contractual dispute between his company and the sheeting’s supplier could be heard in the Scottish courts.  Peter J Stirling Ltd, of which Peter Stirling was the sole

Two former directors of a company allegedly established to renovate a derelict hotel in Bristol into student accommodation have been found in breach of their legal duties, while the claims against another were dismissed. Paul Atkinson and Glyn Mummery, the joint liquidators of Grosvenor Property Dev

An appeal by five people, who claimed to have right of access over the driveway of a house in Aberdeen, of a decision that the right of access is restricted to only two of them has been refused by the Inner House of the Court of Session.  Ian Hawthorne and others raised the reclaiming

A civil liberties campaigner who appealed a decision of the Divisional Court that the use of automated facial recognition (AFR) technology by the South Wales Police Force was compatible with Article 8 of the ECHR has succeeded in respect of three of the five appeal grounds.  The appellant, 

An appeal by Her Majesty’s Revenue and Customs against a decision to recall a sequestration under the Bankruptcy (Scotland) Act 1985 has been refused in the Civil Division of the Sheriff Appeal Court.  In the appeal against the sheriff’s decision on the application of the Accountant

A man who was tried alongside his brother for attempted murder and assault has failed to appeal his conviction in the Appeal Court of the High Court of Justiciary.  Lawrence Nelson, whose brother Gary Nelson was not convicted following the charges against him being withdrawn, argued that the tr

A man who was convicted of historical lewd, indecent and libidinous practices and behaviour between 1983 and 1987 has had his appeal against conviction and sentence refused. James Penrice argued that the trial sheriff had misdirected the jury in relation to evidence led regarding another simila

A Romanian national has succeeded in appealing an extradition order that would have seen her returned to Romania to serve a 13-month prison sentence for a conviction of aggravated theft. The appellant, referred to as DV, argued that her rights under article 8 of the ECHR would be breached by ex

A patent for a monitoring apparatus for handheld power tools has been held to be valid following a challenge of its validity in a patent infringement case.  Reactec Ltd originally brought an action against Curotec Team Ltd seeking interdict against patent infringement on the grou

The Outer House of the Court of Session has refused to grant a protective expenses order to cap expenses in an action seeking declarator that the Scottish Parliament has power to legislate for a second independence referendum. Martin Keatings argued that it was appropriate and necessa

The Outer House of the Court of Session has granted a decree of divorce to a domiciled Scot and his spouse living in Dubai. The pursuer, YI, a qualified medical doctor originally from Russia, raised proceedings in Scotland on the basis of irretrievable breakdown due to unreasonable be

The Court of Appeal (Civil Division) has remitted care proceedings in respect of a baby whose brother died to the Family Division after finding that the original judge may have expressed bias against one of the parties when she made a number of pejorative comments to her clerk about t

The First-tier Tribunal for Scotland (Housing and Property Chamber) has resumed issuing written decisions in Case Management Discussions following the resumption of proceedings from 9 July 2020. Rescheduled CMDs are currently taking place by teleconference to allow all parties, representat