Case Reports

An insurer’s appeal that an exclusion clause in a policy applied in the context of a case in which a man was killed following an assault in Aberdeen has been unanimously dismissed by the Supreme Court in a judgment that agrees with the Court of Session's. Lord Hamblen gave the sole judgment, w

Three former employees of a recruitment agency who had interim interdicts granted against them preventing them from working for a rival consultancy have, along with their new employer, been unsuccessful in their application for recall of the orders. The first to third defenders, Ross Macdougall

A landlord of commercial premises in Aberdeenshire whose former tenant refused to pay for the cost of work to the property at the end of their tenancy has successfully obtained a decree for payment from the Outer House of the Court of Session. Coal Pension Properties Ltd let the premises i

An owner of a converted stable house in Elie, Fife, whose parking rights over a neighbouring property were altered to allow a new home to be constructed has unsuccessfully challenged the variation in the Inner House of the Court of Session. Bridget Thomson, who used the property as a holiday ho

A Crown appeal against the sentencing of a man convicted of assaulting his ex-wife has succeeded before the Criminal Division of the Sheriff Appeal Court, which has imposed a community payback order in place of the original sentence. John Donnelly originally received a sentence of admoniti

A commercial judge in the Outer House of the Court of Session has allowed a proof in an action raised by a centuries-old Aberdeen society against five of its members to recover money said to have been wrongly paid to them. The Shore Porters’ Society of Aberdeen, as well as three members of its

A former Edinburgh bus driver who lost his job after hitting a cyclist with his bus on Leith Walk has lost an Employment Tribunal appeal against his dismissal. The claimant, Mr S Beech, was employed by Lothian Buses Ltd between September 2008 and September 2019. He claimed t

An Irish airline pilot who was allegedly forced into self-employment and began using a payment scheme regarded by the tax authority as tax avoidance as a result has failed to challenge the effectiveness of a charge imposed on him for taxes on outstanding loans technically due by him under the scheme

A woman who required hearing aids after her ears were damaged by a faulty fire alarm at her workplace has been awarded over £241,000 by the All-Scotland Sheriff Personal Injury Court. Haesel McDonald, who was an employee of tanning salon operator Indigo Sun Retail Ltd while stud

The High Court of Justiciary has refused to grant leave of appeal against the decision of a sheriff to extradite a Bulgarian man to Romania in order to serve a prison sentence there for driving without a licence. Ilia Iliev, who was subject to a European Arrest Warrant issued under the Extradit

A man who was charged with offences under the Sexual Offences (Scotland) Act 2009 allegedly committed on online social media platforms has failed to challenge the competency of the three charges brought against him in an appeal under Section 174 of the Criminal Procedure (Scotland) Ac

A woman who had contracted with her former civil partner, now deceased, to contribute towards the repayment of a mortgage on her home in exchange for acquiring joint title to the property has been allowed a proof before answer in respect of her case. Lynn Slight raised an action against Je

A judge in the Outer House of the Court of Session has granted an interdict against a North Lanarkshire man preventing him from copying UK TV programmes and distributing them to internet users through various social platforms. Sky UK Ltd alleged that Alex Cherrie had infringed its cop

A petition by the BBC challenging the restrictions placed upon the reporting of an Employment Tribunal claim worth over £2 million against the Scottish Child Abuse Inquiry has been refused by the Outer House of the Court of Session. The chair of the SCAI, Lady Smith, who took ov

A bench of five judges in the Appeal Court of the High Court of Justiciary has refused an appeal against conviction by a man convicted of rapes occurring eight years apart from each other in a re-affirmation of the use of the Moorov doctrine in sexual offence cases. Mark Duthie&n