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A lord ordinary has repelled submissions by a Scottish NHS Board that it had not waived privilege in respect of documents it lodged with the court in a legal dispute with a service provider over the abandonment of a public procurement process for laboratory services. Roche Diagnostics Ltd sought dec

The English High Court of Justice has struck out an action purporting to bring a representative claim on behalf of passengers of around 116,000 flights with two UK airlines whose flights were cancelled at short notice and who did not receive compensation after determining that the claim was primaril

In this article, Jenny Nicholson-White considers the Supreme Court decision in Paul & Anr v Royal Wolverhampton NHS Trust in the context of labour during which a baby dies in utero due to medical negligence and asks: When might a medical professional owe a duty of care to someone who is not a pa

CEO of Scottish property portal ESPC, Paul Hilton, shares his thoughts on how the new UK government could help to bring about much-needed change in Scotland’s housing. While housing is a devolved matter, ESPC hopes that the promises made by Labour in the recent general election might help to b

An Aberdeen sheriff has ordered a property developer to discharge a £1.15 million standard security granted in his favour by another developer after ruling that all the conditions of discharge had been complied with. Pursuer David Booth and defender Daniel Donald had previously agreed to form

A judge in the High Court of England and Wales has dismissed an application by a transgender man seeking a decree of nullity in respect of his purported marriage to a woman in 2009, when he did not have a valid Gender Recognition Certificate, so that he could lawfully marry her again to resolve an i

In recent weeks, the Isle of Man and Jersey have moved closer to enacting assisted dying laws. Scotland also proposed a bill for debate. The Netherlands, a country with almost three decades of practical and legal experience in this matter, allowed the assisted suicide of Zoraya ter Beek, a 29 y

A tenant ordered to pay over £11,000 in rent arrears from September 2021 until 2023 to his former landlord has lost an appeal against the First-tier Tribunal’s decision to make the award against him. He rented a property in Airdrie from Celtad Ltd from January 2020, and left the property

A father whose child drowned in a bathtub while in a kinship placement approved by a local authority has been allowed a proof in his action against that authority after a Lord Ordinary rejected arguments that the chain of causation had been broken. Tommy Cruickshanks raised the action against Glasgo

A Scottish man injured when he was a passenger on a tour bus in Malta has failed to establish that the Court of Session has jurisdiction in respect of the operator of the bus, after it was added to the action alongside its insurer. The lord ordinary had previously dismissed part of pursuer Simon Mor

A Malawian woman who was refused a human rights visa after separating from her abusive husband who initially sponsored her application has successfully had a decision that her claim was unfounded reduced by a Lord Ordinary. The petitioner sought reduction of a decision of the Secretary of State for

The Court of Protection of England and Wales has declined to recognise and enforce a Scottish Guardianship Order authorising the mother of a Scottish woman with moderate intellectual disabilities to consent to the deprivation of her liberty. The SGO was awarded by Aberdeenshire Council on the applic

The Outer House of the Court of Session has rejected a challenge to a will made by an Edinburgh man two days before his death following a wedding ceremony conducted in his flat after his son alleged that the signature on the document had been forged. The first defender, Thorntons Trustees Ltd, relie

A woman who was refused a review of her council tax banding by the Assessor for Lanarkshire Valuation Joint Board and had a challenge to that refusal rejected by the First-tier Tribunal for Scotland has failed to obtain permission to further challenge the decision before the Upper Tribunal. Appellan