Case Reports

A family dairy company and a housebuilder who challenged a Scottish local authority’s refusal to grant planning permission for a new housing development on green belt land have successfully appealed against the decision. The Inner House of the Court of Session allowed the appeal by&n

A motorcyclist who was injured after crashing into the back of a car which performed an unnecessary “emergency stop” has been awarded nearly £50,000 damages. A sheriff in the All-Scotland Personal Injury Court ruled that the driver of the vehicle, who braked suddenly beca

An agent acting on behalf of a landowner and a contractor in relation to proposed works at a quarry should be regarded as “aggrieved person” and therefore entitled to challenge a planning decision, a Court of Session judge has ruled. Lord Drummond Young held that the appel

A consumer who purchased a new living room suite but rejected it following delivery because it was not of satisfactory quality and later gave it away after the seller ignored repeated requests to uplift the goods is entitled to a full refund, an appeal court has ruled. The Sheriff Appeal Court&

A woman with medical problems and restricted mobility who sued public works contractors after she fell and was injured as she tried to access her front door while excavation works were ongoing outside the property has won her appeal for damages. A sheriff in the All Scotland Personal Injury Cou

A Scottish solicitor who failed to progress a case on behalf of a client who was suing his former employer has been fined £7,500. Quinton Muir, 51, was found guilty of “professional misconduct” by the Scottish Solicitors’ Discipline Tribunal (SSDT) over his failure

An Irish father-of-one who claimed that his estranged Scottish wife had unlawfully retained their daughter in Scotland after the child underwent emergency cancer treatment here has had an application for a court order for the toddler’s return to Ireland dismissed. A judge in the Court of Sessi

A Scots lawyer convicted of embezzling more than £20,000 of clients’ money has been struck off the solicitors’ roll by the Scottish Solicitors’ Discipline Tribunal (SSDT). Paul O'Donnell, of Glasgow, pleaded guilty at Edinburgh Sheriff Court in April 2016 to em

A Scottish local authority which entered into missives for the sale of land to a property developer and subsequently granted planning permission for the redevelopment of the site was not entitled to rescind the contract on the basis that the appropriate fee had not been paid when the planning applic

A man found guilty of rape who claimed that the evidence of the complainer’s distress, which was exhibited more than a day after the incident, was “too remote” to corroborate her account of lack of consent because she did not show any signs of distress in the intervening period has

A teenager who was sentenced to 18 months’ detention after being convicted of assault has had his custodial sentence quashed following an appeal. The High Court of Justiciary Appeal Court imposed a community payback order (CPO) after ruling that the sheriff erred in his approach to s

A woman who was injured in a road traffic accident when a car she was travelling in was struck by a police van is suing Police Scotland for damages. Anji Mannas claims that although the physical injuries she sustained were “modest”, she suffered “severe and continuing psy

A pursuer’s offer cannot be lodged and given effect to in the Inner House of the Court of Session, appeal judges have ruled. The First Division held that, while the chapter 34A of the Rules of the Court of Session did not expressly exclude pursuers’ offers, the language of the rules

A former SNP councillor has been awarded £40,000 in damages after raising a defamation action against a party activist who falsely accused her of racism. Julie McAnulty sued Sheena McCulloch over the content of an email sent to the party compliance manager, in which it was alleg

The owners of a tug boat who sued the Ministry of Defence for “negligence” after the vessel sank having been attached to an MoD buoy have had the damages claim dismissed and been ordered to pay the more than £400,000 for the cost of the clean-up operation. Stuart White,72