The Sheriff Appeal Court has overturned a decision to grant interdict against the mother of an 11-year-old girl preventing her from removing the child from her school and from the sheriffdom of Tayside, Central and Fife and granting a residence order in favour of her father. The defender a
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A sheriff in Edinburgh has found that two children of a divorcing couple should be moved from their English private school to a Scottish state school after she refused to make either party liable for their children’s school fees. The parties, who remained anonymous, were married in Scotland in
A judge in the Outer House of the Court of Session has sisted proceedings brought by the guarantor of the now-insolvent Ferguson Marine group of companies after finding that the Scottish Ministers were liable to reimburse them under the terms of an indemnity agreement. HCC International In
A former tenant of a property in Gourock, Inverclyde, has been awarded £1,500 by the First-tier Tribunal Housing and Property Chamber after it found she had been unlawfully evicted by her landlord, who claimed that his sister intended to live in the property. Charlotte Mills sought a wrongful
A judge in the Outer House of the Court of Session has ordered that the young child of a Canadian citizen be returned to Quebec to live with her after an application was made for his return under the Hague Convention on Child Abduction. The mother, ML, petitioned the court for an orde
An owner of a property on the west coast of Scotland who claimed he was wrongly charged for ratings payments on the property has been unsuccessful in an appeal against the dismissal of a judicial review petition raised challenging the decision of the local authority’s ratings board. Brian Phil
A commercial landlord of industrial premises in Motherwell has been unsuccessful in its action against its former tenant for payments it alleged were due to it under a commercial lease between them. The pursuer, Rockford Trilogy Ltd, sought payment of rent, insurance, and service charges from&n
Two men who were sentenced to varying periods of imprisonment for spitting at police officers during the course of the Covid-19 pandemic have had their sentenced reduced by the Appeal Court of the High Court of Justiciary. Gordon Dewar and Barry McLean both pled guilty to assault
Retired civil servant who tripped on ramp outside Edinburgh supermarket wins over £11,000 in damages
An Edinburgh pensioner who tripped over a ramp outside a supermarket has succeeded in obtaining over £11,000 in damages after a sheriff in the All-Scotland Sheriff Personal Injury Court found that the supermarket acted contrary to the Occupiers’ Liability (Scotland) Act 19
A life prisoner who had progressed to community access in the parole process before being returned to closed conditions has failed to challenge a decision of the Parole Board for Scotland not to direct his release. Brian Hands, who was sentenced to life imprisonment with a punishment part
The brother of a deceased man who left the majority of his estate to his carer has failed to appeal a sheriff’s decision not to reduce the deceased’s last will in the Civil Division of the Sheriff Appeal Court. John Thompson, the pursuer and appellant, originally raised the action s
Three former employees of a recruitment agency who had interim interdicts granted against them preventing them from working for a rival consultancy have, along with their new employer, been unsuccessful in their application for recall of the orders. The first to third defenders, Ross Macdougall
A landlord of commercial premises in Aberdeenshire whose former tenant refused to pay for the cost of work to the property at the end of their tenancy has successfully obtained a decree for payment from the Outer House of the Court of Session. Coal Pension Properties Ltd let the premises i
An owner of a converted stable house in Elie, Fife, whose parking rights over a neighbouring property were altered to allow a new home to be constructed has unsuccessfully challenged the variation in the Inner House of the Court of Session. Bridget Thomson, who used the property as a holiday ho
A Crown appeal against the sentencing of a man convicted of assaulting his ex-wife has succeeded before the Criminal Division of the Sheriff Appeal Court, which has imposed a community payback order in place of the original sentence. John Donnelly originally received a sentence of admoniti
