Case Reports

A patent for a monitoring apparatus for handheld power tools has been held to be valid following a challenge of its validity in a patent infringement case.  Reactec Ltd originally brought an action against Curotec Team Ltd seeking interdict against patent infringement on the grou

The Outer House of the Court of Session has refused to grant a protective expenses order to cap expenses in an action seeking declarator that the Scottish Parliament has power to legislate for a second independence referendum. Martin Keatings argued that it was appropriate and necessa

The Outer House of the Court of Session has granted a decree of divorce to a domiciled Scot and his spouse living in Dubai. The pursuer, YI, a qualified medical doctor originally from Russia, raised proceedings in Scotland on the basis of irretrievable breakdown due to unreasonable be

The Court of Appeal (Civil Division) has remitted care proceedings in respect of a baby whose brother died to the Family Division after finding that the original judge may have expressed bias against one of the parties when she made a number of pejorative comments to her clerk about t

The First-tier Tribunal for Scotland (Housing and Property Chamber) has resumed issuing written decisions in Case Management Discussions following the resumption of proceedings from 9 July 2020. Rescheduled CMDs are currently taking place by teleconference to allow all parties, representat

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