Case Reports

Five housing developers have succeeded in challenging a chapter of the Inverclyde Local Development Plan concerning housing land supply on the ground of inappropriate methodology.  The five appellants, Mactaggart and Mickel Homes Ltd, Miller Homes Ltd, Cala Management Ltd, P

The owner of six coffee shops in Edinburgh who received reduced support under the Scottish Ministers’ grant scheme for hospitality businesses during the COVID-19 pandemic has failed to challenge the decision of the Scottish Ministers to give smaller additional grants to businesses wi

A local authority has been granted an interdict against the sale of a farm in West Calder on the basis that a right of pre-emption contained in a feu disposition had survived the abolition of feudal tenure in Scotland. West Lothian Council raised the action against the executors of George

Her Majesty’s Revenue and Customs has successfully appealed a decision of the Tax and Chancery Chamber of the Upper Tribunal in which it held that certain modified company vehicles were to be taxed as vans and not cars. The taxpayers, Noel Payne, Christopher Garbett, and Coca-Co

A sheriff has dismissed an undefended petition raised against a limited company by a pursuer represented by a solicitor without a practising certificate as incompetent and has informed the Lord Advocate of the case. The pursuer, known as FF, sought payment of £10,572.57 from a company, kn

A Polish national who made a return order for his young child under the 1980 Hague Child Abduction Convention has had his application remitted for rehearing following an appeal by the child’s mother. The child, M, had been residing with his mother, another Polish national, in England, wit

A teacher who was removed from the teaching register for misconduct has had her appeal against the decision of the General Teaching Council of Scotland to remove her refused. The appellant, known as LM, faced 15 allegations of misconduct from her probationary year as a primary teacher as well as a s

A prisoner serving a life sentence who submitted freedom of information requests for information he believed would help prove his innocence has had a petition for judicial review of the decision not to grant him legal aid refused. William Beggs was refused legal aid to appeal to the UK Supreme

A construction company has failed in its action against a company it alleged had sold it a defective pile driving hammer, causing it to be unable to fulfil its obligations under another contract. MG Construction Ltd raised the action against AGD Equipment Ltd on the ground that the ha

A man who sent an adult posing as a 13-year-old boy a sexual image and arranged to meet him and who was thereafter convicted of sexual offences has had his human rights appeal to the Supreme Court unanimously dismissed. Lord Sales gave the judgment, with which Lord Reed, Lord Hodge, Lord Lloyd-Jones

The majority shareholders of a private limited company have succeeded in an action to establish the terms of a contract between themselves and another shareholder with whom they were in dispute. Ronald Somerville, Charles Shaw, and Nick Felisiak brought the claim against David Mc

An Aberdeen-based kilt shop has lost its challenge against the city council in respect of water ingress problems affecting its premises. McCalls Ltd raised the petition for judicial review of the failure by the road authority, Aberdeen City Council, to maintain Bridge Street, Aberdeen, whe

A convicted sex offender who was released from prison on licence has failed in his challenge of a condition in his release licence requiring him to inform his supervising officer of any friendships, associations, or intimate or domestic relationships that he enters into with anyone. The petitioner,

A man convicted of murdering a man in Turiff, Aberdeenshire, has had the punishment part of his sentence reduced on appeal to the High Court of Justiciary. Liam Hay, who was 20 years old at the time of the murder and at the time of sentencing,  argued that the sentence was excessive o

A medical practice that took on the staff of a dissolved practice has been unsuccessful in its petition to suspend an Employment Tribunal order requiring it to re-engage a doctor who was employed by the dissolved practice. Levenside Medical Practice, based in Dumbarton, argued that an order could no