Case Reports

The owner of a cottage in Ayrshire has failed to reduce a decree allowing a bank to take possession of his home under the terms of a standard security granted over it and prevent the bank from enforcing it. Stewart McLeod sought to interdict Bank of Scotland Plc from enforcing a decre

The relatives of a young man who was killed when he was knocked out of a cherry picket by a tour bus have been awarded £315,000 in damages for loss of society after their success in an action against the operators of the coach and their insurers in the Outer House of the Court of Session.

The makers of Hendrick’s Gin have succeeded in extending the range of an interdict preventing a discount supermarket chain from selling a product that infringes on their trade mark to the whole of the UK after the chain brought a reclaiming motion to the Inner House of the Court of Sessio

The European Court of Human Rights (ECtHR) has ruled that the pre-trial detention of a man suspected of belonging to a terrorist organisation in Turkey was a violation of his human rights under Article 5 of the European Convention on Human Rights (ECHR). Tekin Akgün was suspected of b

A post-mortem examination of a baby conducted against the wishes of his parents has been ruled a breach of Articles 8 and 9 of the European Convention on Human Rights (ECHR). Leyla Polat, an Austrian national, became pregnant with her son Y.M. in 2006 and was told by doctors that her baby was l

Three police officers have successfully challenged the instigation and form of misconduct proceedings brought against them by Police Scotland in judicial review proceedings before the Outer House of the Court of Session. The petitioners, all still currently serving police officers, argued

The Sheriff Appeal Court has found that the Scottish Legal Aid Board is not required to make payment of statutory interest in cases where a legal aid account is overdue, after an appeal by the Board against a Sheriff Court decision to that effect. Ormistons Law Practice Ltd 

A man who sought declarator of nuisance alleging that a waste water treatment plant near his house was creating noxious fumes in his garden has lost his appeal to the Inner House of the Court of Session. The pursuer and reclaimer, William MacBean, originally brought the action ag

The Inner House of the Court of Session has allowed an appeal by an employer against a decision of the Employment Appeal Tribunal to uphold grounds of appeal against a teacher’s dismissal following him being charged with possession of indecent images of children. The appellant employ

The UK Supreme Court has held that the “two-child limit” used in calculating part of child tax credit payments is compatible with Articles 8, 12, and 14 of the ECHR after an appeal was brought by two adults and eight children against decisions of the Secretary of State for

A man who was sentenced to life imprisonment for murdering the partner of his ex-wife’s new boyfriend’s mother in 2019 has had his appeal against conviction refused by the High Court of Justiciary. Paul Smith argued that the trial judge had erred in withdrawing the defence of p

A Glasgow summary sheriff has refused to authorise a consultant orthopaedic surgeon as a skilled witness in an action by a man involved in a car accident against the insurer of the vehicle that hit him. Ian McKay sought to certify a Mr David Donaldson, who examined him following the accident, i

A joint appeal by three members of the same family who were injured in a road accident on holiday in Malta seeking a remit of their actions to the Court of Session has been refused by the Sheriff Appeal Court. Suzanne, Michael, and Kieran Henderson raised actions against&nbs

The Inner House of the Court of Session has granted a permanent vexatious litigant order against the former director of an engineering company after an application by the Lord Advocate. Gabriel Politakis, a 90 per cent shareholder in the now liquidated Apollo Engineering Ltd, had instigated a variet

The Sheriff Appeal Court has refused an appeal by a 57-year-old woman challenging the appointment by her local authority of a welfare guardian with the power to determine where she could live and where she was allowed to go. The appellant, JK, argued that the appointment amounted to a deprivation of