Case Reports

A judge in the Outer House of the Court of Session has ordered that the young child of a Canadian citizen be returned to Quebec to live with her after an application was made for his return under the Hague Convention on Child Abduction. The mother, ML, petitioned the court for an orde

An owner of a property on the west coast of Scotland who claimed he was wrongly charged for ratings payments on the property has been unsuccessful in an appeal against the dismissal of a judicial review petition raised challenging the decision of the local authority’s ratings board. Brian Phil

A sheriff in Edinburgh has set aside a post-nuptial agreement between a divorcing American couple living in Scotland in which the husband agreed to give his wife nearly everything he owned if they divorced. The defender, M(M), had signed the agreement with the pursuer, M(C), who raised the

A commercial landlord of industrial premises in Motherwell has been unsuccessful in its action against its former tenant for payments it alleged were due to it under a commercial lease between them. The pursuer, Rockford Trilogy Ltd, sought payment of rent, insurance, and service charges from&n

A man who was convicted of a road traffic offence after falling asleep at the wheel of his car and banned from driving for one year has had his appeal against conviction by stated case refused by the Sheriff Appeal Court. Anthony Wilson was disqualified from holding or obtaining a licence

The operators of telecommunications equipment located on land leased from a North Lanarkshire farmer have successfully appealed against a Lands Tribunal for Scotland decision that there was no basis for the termination of an agreement based on a non-current statutory code before the Inner House

Two men who were sentenced to varying periods of imprisonment for spitting at police officers during the course of the Covid-19 pandemic have had their sentenced reduced by the Appeal Court of the High Court of Justiciary. Gordon Dewar and Barry McLean both pled guilty to assault

An Edinburgh pensioner who tripped over a ramp outside a supermarket has succeeded in obtaining over £11,000 in damages after a sheriff in the All-Scotland Sheriff Personal Injury Court found that the supermarket acted contrary to the Occupiers’ Liability (Scotland) Act 19

A publishing company that was defrauded of over £193,000 as a result of a “whaling” scam has unsuccessfully reclaimed against a decision that its former credit controller was not liable for damages arising from her mistaken payment of the funds to the fraudsters. The pursuers and r

A reclaiming motion by a campaigner for Scottish independence against a judge’s decision that his action seeking declarator that the Scottish Parliament could legislate for a second independence referendum without the consent of Westminster was premature and academic has been refused by the&nb

A sheriff in Dundee Sheriff Court has found that the dominant proprietor of a servitude right over castle grounds in Cupar did not have his rights interfered with by the installation of gates along a road he used to access his property and interdicted him from further damaging or removing them. Dona

A life prisoner who had progressed to community access in the parole process before being returned to closed conditions has failed to challenge a decision of the Parole Board for Scotland not to direct his release. Brian Hands, who was sentenced to life imprisonment with a punishment part

A woman who was convicted of fraudulently obtaining £55,000 in child tax credits and sentenced to a year’s imprisonment has had her appeal against the imposition of a custodial sentence refused by the Appeal Court of the High Court of Justiciary. It was argued by RA, who pled g

The brother of a deceased man who left the majority of his estate to his carer has failed to appeal a sheriff’s decision not to reduce the deceased’s last will in the Civil Division of the Sheriff Appeal Court. John Thompson, the pursuer and appellant, originally raised the action s

An appeal by the Advocate General for Scotland against a decision to allow a proof to determine that the detention of three fishing boats by immigration officers was ultra vires has been refused by the Civil Division of the Sheriff Appeal Court. The pursuer and respondent,&n