Case Reports

The owners of a Speyside whisky distillery who claimed that the development of a new wind farm in Banffshire was “unlawful” on the basis that the construction works did not begin within the five-year time limit imposed upon the developer have had their legal challenge dismissed. William Grant &a

According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as an EU trade mark. He proposes that the appeals brought by Nestlé, EUIPO and Mondelez be dismissed and states that Nestle did not adduce suffi

A father who was seeking to challenge a sheriff’s decision to make an adoption order in respect of his child with no post-adoption contact but then failed lodge the necessary appeal documents has had an application for permission to appeal to the Court of Session dismissed. A judge refused the app

An EEA national who was set to be removed from the UK after being convicted of vandalism has successfully appealed against the deportation order. The Inner House of the Court of Session quashed the order after ruling that it was not open to the First-tier Tribunal to find that the appellant’s cond

A motorist who reversed his car into another vehicle but claimed that the other driver “exaggerated” his injuries for “financial gain” has had an appeal against a decision ordering him to pay damages dismissed. John Finlay admitted liability for the minor collision with the parked vehicle in

Appeal judges have published their reasons for rejecting a challenge by the chairman of Rangers Football Club to a court order requiring him to make an offer for all the issued ordinary share capital of Rangers International Football Club Plc not already controlled by him. A judge had found in favou

A man who claimed he was struck by a car when he was a primary school boy more than 50 years ago in an accident which he could not remember and of which there was almost no evidence has had has claim for £650,000 in damages against a Scottish local authority dismissed. A judge in the Court of Sessi

An energy company which was seeking £130 million in damages from an engineering contractor following the collapse of a tunnel at a Fort Augustus hydro-electric scheme nearly a decade ago has won an appeal. By a majority of two-to-one, the Inner House of the Court of Session allowed a reclaiming mot

A housing association tenant whose application to purchase her home under “right to buy” legislation was refused has had her appeal against the decision dismissed. The Inner House of the Court of Session upheld a ruling of the Lands Tribunal for Scotland to the effect that the application was �

A widow whose husband died after being choked by a pub bouncer has won a legal battle against insurers after suing the door steward’s former employers for damages. A judge in the Court of Session ruled that an insurance company, which was seeking to avoid paying out on the basis that its liability

A man who was arrested and convicted of using symbols of unconstitutional organisations after he posted a photo of SS chief Heinrich Himmler wearing a swastika armband on his blog in 2014 has failed in his appeal to the European Court of Human Rights. The applicant, Hans Burkhard Nix, has a blog on

An angling group has won a legal battle to sue Scottish Water over a spillage of high-purity acid into a river following an appeal. Devon Angling Association raised an action seeking damages after 12,000 litres of 96 per cent concentrated sulphuric acid leaked into the River Devon from a tank at Sco

A man who was sentenced to five-and-a-half months’ imprisonment for assaulting his wife with one month attributed to a breach of a Community Payback Order (CPO) has had his sentenced reduced after appeal sheriffs ruled that the sheriff’s approach was “fundamentally flawed”. The Sheriff Appea

A man found guilty of dangerous driving who claimed that there was “insufficient evidence” to corroborate his admission that he was the driver and that the warning he received from police that he was to be prosecuted was given “at the time the offence was committed” has had his appeal agains

A Scottish local authority which raised an action for £12 million in damages over the loss of a social housing development claiming that a firm of architects appointed as lead consultant had “assumed responsibility” for the other contractors’ negligence has had its claim dismissed following a