The joint administrators of the department store Debenhams have been held by the High Court of England and Wales to have adopted the employment contracts of personnel who had been furloughed due to the company’s participation in the Coronavirus Job Retention Scheme (JRS). The administrators so
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A city council that refused to allow a developer to proceed with the development of a mixed-use site without complying with a condition of their original planning permission has had their appeal against a decision to allow it refused. The City of Edinburgh Council (the appellant) originall
An NHS trust that applied to recover overpaid VAT has successfully appealed against the decision to reject its case by the Upper Tribunal, with the Inner House remitting the case to the First-tier Tribunal for reconsideration. The NHS Lothian Health Board operated a number of scientific la
A tenant who rented a cottage in Argyll that the landlord intended to recover possession of in order to demolish it has had his appeal against the possession order refused. Nicholas Charlton appealed a decision of the Upper Tribunal to grant a possession order to the Josephine Marshall Tru
A tenant who was refused an extension of the time limit for requesting permission to appeal an eviction decision by the Upper Tribunal for Scotland has been refused permission to appeal to the Court of Session by the same court. Azhir Sharif was evicted from a property in Glasgow in 2
The Supreme Court has allowed an appeal by Barclays Bank and held that they were not vicariously liable for any sexual assaults committed by a doctor who performed medical examinations on their behalf. It had been previously held in the High Court in 2017 that the bank was vicariously liab
A couple who rented a stately home near Perth have been granted limited permission to appeal the Housing and Property Chamber’s decision regarding the state of repair of their property. Peter and Beth Dymoke rented a property in Inchture from The Hon. Caroline Best, and&nbs
The City of Edinburgh Council has successfully been granted a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 in relation to the child of a mother diagnosed with paranoid schizophrenia and a father with limited leave to remain in the UK. The mother, B, di
A housing association tenant whose application to assign the tenancy of the property to his daughter was rejected has successfully challenged the landlord’s decision. A sheriff ordered the housing association to consent to the application after ruling that the refusal was “not reasonable
Controversial plans for a third runway at Heathrow Airport have been thrown into doubt following a successful legal challenge by environmental campaigners. The Court of Appeal of England and Wales ruled that the UK Government’s proposed expansion of Europe’s busiest a
A property developer who claimed that a Scottish local authority’s decision to demolish a leisure centre was “unlawful” has had his legal challenge dismissed. A judge in the Court of Session refused a petition for judicial review by Mark Guild, who was seeking reduction of the deci
A Scots lawyer who published a series of comments on social media referring to Orange Walks in “discriminatory, sectarian, derogatory, and offensive” terms has been fined £6,000. Solicitor advocate Simon Brown was found guilty of professional misconduct by the Scotti
A man accused of stalking has successfully challenged an attempt by prosecutors to lead evidence that he had previously assaulted one of the complainers. A sheriff ruled that it would be “prejudicial” to the accused to allow the evidence of a “collateral incident” which
A foreign student who pled guilty to fraud after falsely claiming she had indefinite leave to remain in order to obtain £23,000 in student funding to pay for a nursing course has successfully appealed against her 14-month prison sentence. The Appeal Court of the High Court of Justiciary ruled
A plumber who injured his arm while playing football over 16 years ago has been awarded more than £540,000 in damages after a Scottish health board admitted liability over its “negligent diagnosis and treatment” of the injury. A judge in the Court of Session ruled that, h
