The Court of Session has allowed an appeal by a landlord seeking declarator that a tenant of their premises at an industrial estate in Aberdeen had not validly exercised a break option in their lease. Ventgrove Ltd sought to have defender Kuehne and Nagel Ltd’s exercise of the break option dec
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Yesterday, the judgment in the case of SD as legal representative of her son, LD v Grampian Health Board, known as NHS Grampian, was issued by the Court of Session. By way of background, on 24 August 2008, the pursuer, SD, gave birth to her son LD at Aberdeen Maternity Hospital. LD suffered severe a
The Sheriff Appeal Court has refused an appeal by the father of a six-year-old boy with a chronic health condition against a sheriff’s order allowing his mother to relocate to the Republic of Ireland with him following the breakdown of his relationship with her. AD, the defender and appellant,
A new initiative to manage summary cases in Scotland is to be piloted in Dundee, Hamilton and Paisley Sheriff Courts from Monday 5 September. The Summary Case Management pilot seeks to reduce the number of unnecessary hearings at summary level, which contributed to over 400,000 witness citations las
A sheriff has determined that none of an elderly woman’s three daughters should be considered her “nearest relative” for the purposes of the Adults with Incapacity (Scotland) Act 2000 after a dispute arose between the three of them as to who should take the responsibility. An undis
Scottish prosecutors staged a mock trial at Glasgow Sheriff Court to highlight racially aggravated hate crime. Equality representatives from the Crown Office and Procurator Fiscal Service (COPFS) helped organise the event to raise awareness of the legislation on race-related hate crimes and how thes
The US Department of Justice has been ordered to release a redacted version of an affidavit making the case for a raid of former president Donald Trump's Florida home. Judge Bruce Reinhart, who granted the search warrant for the unprecedented raid on Mar-a-Lago earlier this month, ruled after media
A doctor who was suspended from the medical register after being arrested as part of a terrorism investigation has lost an appeal to the Inner House of the Court of Session against a decision of the General Medical Council to extend his suspension until April 2023. Reclaimer IB, who had been remande
Andrew Foyle, Daren Allen, and Jonathon Crook, partners within the financial services disputes and investigations group at law firm Shoosmiths, based in Edinburgh, London and Manchester respectively, comment on the FCA's new consumer duty. In the UK, the clock is ticking for financial services firms
A Lord Ordinary has granted a motion for interim interdict preventing a Kenyan tea company from continuing ongoing anti-suit proceedings in the Employment and Labour Relations Court of Kenya after an order was sought by a QC representing employees of the company. Petitioner Hugh Campbell QC was the
Former US president Donald Trump has launched legal proceedings in a bid to secure the return of some of the documents seized during an FBI raid of his Florida home. He has asked a federal judge to appoint a "special master" to examine the seized documents and for federal investigators to pause thei
Andrew Diamond, partner and head of residential property at Lindsays, reveals how ‘subject to purchase’ bids hold potential for unlocking opportunities to bring more homes on to market as well as greater buying power. Contract clauses which make home sales subject to the seller buying th
A taxi driver who reported alleged frauds to the police and later sought to have his personal data erased from police records has lost a case seeking orders to that effect under the Data Protection Act 2018. Robert Bartosik, who also sought damages for the distress caused by Police Scotland’s
The Court of Appeal has concluded that a judicial review petition by a man who was refused Indefinite Leave to Remain based on 10 years of continuous lawful residence in UK was permissible but fell to be refused. Appellant Victormills Iyieke argued that he had “book-ended” leave between
Shepherd and Wedderburn has appointed six new lawyers to its rural team, including accredited agricultural law specialists Petra Grunenberg and Ellen Eunson. Ms Grunenberg, who previously led the rural team at Blackadders, will join as a partner in September, while Ms Eunson has already joined as a
