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
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A Dundee sheriff has granted an application by the Accountant in Bankruptcy for reduction of a 2017 disposition of heritable property in favour of a sequestrated man and his second wife and ordered the couple to execute a fresh disposition in the AiB’s favour. Graeme Allan, the first defender,
A sheriff has slammed Police Scotland for their “tardiness” in supplying CCTV evidence to the courts. Sheriff Timothy Nivensmith at Kirkcaldy Sheriff Court said the practice was “underselling the criminal justice system to victims of crime” after he heard in a case that neith
A Perth sheriff has dismissed an action by a man seeking legal rights in relation to his late father’s estate after he was not nominated as a beneficiary under his testamentary writings. Ian Harley raised the action against the executrix nominate of the late James Harley’s estate, his wi
A Glasgow sheriff has refused three appeals under the Bankruptcy (Scotland) Act 2016 challenging a series of decisions made by the Accountant in Bankruptcy for a man sequestrated in 2018 considering debts said to total over £200,000. It had been determined by the AiB that there was insufficien
A sheriff has ordered the insurer of a man whose trailer collided with a car on a road in Lanarkshire to pay over £50,000 to the driver of the car after he was found to be in breach of his common law duty of care. The action against Robbie Tough and his insurer, NFU Mutual Ltd, was raised by M
A sheriff in Hamilton Sheriff Court has convicted the driver of a car transporter of an offence of dangerous driving under section 1A of the Road Traffic Act 1988 after a car slid off the back of the transporter and injured a pedestrian. It was argued by the procurator fiscal that Gordon M
A sheriff in Dunfermline has determined that the death of a man who was electrocuted while operating a hedge trimmer could have been avoided if a risk assessment had been carried out on the area he was working in. The deceased, David Anderson, was a self-employed landscape gardener. He was declared
Kilmarnock Sheriff Court went into lockdown last week after a lawyer received a positive Covid test. Defence lawyer Graeme Cunningham, 57, was representing a number of clients at the court on Thursday, the Daily Record reports.
The Scottish Courts and Tribunals Service (SCTS) has applied to Fife Council for permission to install 260 solar panels at Dunfermline Sheriff Court. A spokesperson for SCTS said the development would be part of their commitment to decarbonisation as well as the Carbon Trust Triple Standard accredit
A sheriff has ordered the Brexit Party to pay just over £22,000 in unpaid invoice expenses to an advertising company based in Glasgow. VMS Enterprises Ltd, a supplier of mobile advertising services in the form of mobile billboards and electronic boards, was contracted by the then-Brexit Party
A sheriff in Edinburgh Sheriff Court has found that a local authority employee who acted as a whistleblower in its education department is entitled to an unabridged copy of an independent report into the events surrounding his original protected disclosures. John Travers, who had been an employee of
A sheriff in Airdrie Sheriff Court has refused to dismiss a crave by a divorcing husband for the sum of £100,000 based on the inclusion of a joint liferent interest among the couple’s matrimonial assets. Andrew Kelly, who initiated a divorce action against his wife Linda K
A sheriff in Peterhead has found that the death of a north-east prisoner from possible drug and alcohol-related conditions the day after he was admitted to prison was not the result of an accident or any failure on the part of prison staff. Sean Taggart, a prisoner at HMP Grampian, died on the morni
A Glasgow summary sheriff has refused to authorise a consultant orthopaedic surgeon as a skilled witness in an action by a man involved in a car accident against the insurer of the vehicle that hit him. Ian McKay sought to certify a Mr David Donaldson, who examined him following the accident, i
