Case Reports

The Inner House of the Court of Session has refused a reclaiming motion by the former shareholders in a car dealership challenging a court order declaring that an expert determination was binding on the parties to the share purchase agreement. The reclaimers, Colin and David Grassick and Jane Haig,

Two life prisoners who were prohibited from making inter-prison phone calls to each other have lost a challenge against a Lord Ordinary’s decision to refuse their judicial review petition against the prohibition. It was argued by the Scottish Ministers that the petition of Charles O’Neil

A tenant of commercial premises in Livingston has successfully excluded certain averments made by their landlord from probation in an action arising from damages to the property which the landlord was obliged to maintain insurance against. Paccor UK Ltd averred that it was entitled to abatement of r

The UK Supreme Court has ruled that a Police Service of Northern Ireland (PSNI) decision in 2014 to terminate an investigation into allegations of torture against the “Hooded Men” was unlawful. The PSNI brought the case to the UK’s highest court, having been unsuccessful in the Cou

A sheriff has ordered the insurer of a man whose trailer collided with a car on a road in Lanarkshire to pay over £50,000 to the driver of the car after he was found to be in breach of his common law duty of care. The action against Robbie Tough and his insurer, NFU Mutual Ltd, was raised by M

An appeal by the Secretary of State for the Home Department against an Upper Tribunal decision to reduce a decision not to grant leave to remain to a Pakistani man who applied as the parent of children by two different mothers has had his appeal has been refused by the English Court of Appeal. Dr Wa

An Edinburgh sheriff has ruled that a £35 charge for the storage of secure data and call recordings could not be recovered from the estate of a debtor for the purposes of insolvency legislation after an appeal under section 188 of the Bankruptcy (Scotland) Act 2016 was made against a

An Edinburgh sheriff has refused to order the extradition of a Polish man who was wanted in Poland to serve a six-month custodial sentence for mercantile fraud on the ground that there would be a disproportionate effect on his family if he did so. Extradition proceedings were raised against RM by th

A petition to the nobile officium of the Court of Session by a mother of four children in Glasgow who became subject of criminal proceedings following a referral under section 67 of the Children’s Hearings (Scotland) Act 2011 has been refused. It was alleged that the petiti

A sheriff in Hamilton Sheriff Court has convicted the driver of a car transporter of an offence of dangerous driving under section 1A of the Road Traffic Act 1988 after a car slid off the back of the transporter and injured a pedestrian. It was argued by the procurator fiscal that Gordon M

A secondary school teacher who was hit on the head by a wooden partition while teaching at a school in Dundee has failed to prove before the Outer House of the Court of Session that his mental health deteriorated as a result of the accident. Fenrir Thorvaldsen claimed that the accident had left him

A woman who was convicted of sending offensive messages to her MP has lost an appeal by stated case against the trial sheriff’s decision to repel a no case to answer submission under section 160 of the Criminal Procedure (Scotland) Act 1995. Vaiva Sutinyte was convicted of an offence unde

A man who was detained in various hospitals in the Glasgow area after being found unfit to stand trial in criminal proceedings has had an action for damages against the Greater Glasgow and Clyde Health Board rejected by the Sheriff Court. Daniel Boyle was detained in a hospital designated as a high

The Inner House of the Court of Session has ruled that a “success fee” payable to the solicitor of a successful defender to a debt recovery action was not recoverable from the unsuccessful party that sought payment of the debt. The appellant, Catherine Weir, was originally the defender i

The High Court of Justiciary has upheld the decision of a preliminary hearing judge in respect of an application by a man charged with three counts of rape to reject the introduction of evidence concerning events following the sexual encounter described in the third charge, including legal proceedin