A personal injury sheriff has awarded just over £149,000 to a woman who was injured by a fire that broke out in her home in October 2018 after finding that the injury to her person and damage to the property was caused by her work mobile phone’s battery overheating. Denise Parks raised a
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A man who had a wisdom tooth unsuccessfully extracted and required to have surgery performed on his mouth has lost a personal injury case against the dentist who originally attempted the extraction after it was found that his actions were not outwith the range of reasonable options available in the
Part-time Sheriff John Halley has been removed from office after an independent tribunal report found that his "misbehaviour" renders him unfit for judicial office. Mr Halley was appointed as junior counsel to the Scottish Child Abuse Inquiry (SCAI) in October 2015 but was dismissed in April 2019. H
A case on servitudes is the subject of a new article on the Edinburgh Private Law Blog. "In a recent case, AC & IC Fraser & Son Limited v Munro [2024] SAC (Civ) 41, the Sheriff Appeal Court was faced with two issues relating to the law of servitudes: firstly, whether a landowner’s inac
Proposals have been lodged to fix the façade of Ayr Sheriff Court due to the “immediate risk” of falling masonry. The Scottish Courts and Tribunals Service has made an application to South Ayrshire Council for permission to undertake alterations to the Wellington Square building.
Pictured (L-R): Harbani Kohli, Sara Akram (of Strathclyde University), Sheriff Principal Anwar, Hannah Nibloe and Niamh Crossan (of Glasgow Caledonian University)) A team from Strathclyde University won the Royal Faculty of Procurators in Glasgow's annual mooting competition, presided over by Sherif
A personal injury sheriff has ruled that a pursuer in a road traffic accident claim had, along with the driver of the other vehicle, attempted to perpetrate an insurance fraud and thus was not entitled to reparations. Pursuer Arif Khan raised the action against Mohammad Arshad and his insurer, AXA I
Sheriffs Christopher Shead, Derek O’Carroll, Gregor Murray and Philip Mann have been appointed as appeal sheriffs by the Lord President, Lord Carloway. These appointments are effective from 15 January 2024.
A sheriff of the Upper Tribunal for Scotland has reduced a decision of the First-tier Tribunal not to allow an appeal by a disabled man in Hamilton against his local authority’s refusal to reduce his council tax banding. Ian Bell had sought the reduction from South Lanarkshire Council in terms
The Inner House of the Court of Session has ruled that a Simple Procedure claim served on a debtor via next-day postal delivery without a confirmation of delivery being lodged with the sheriff court constituted valid service by post. Cabot Financial UK Ltd, which sought to recover an assigned debt f
An appeal against the imposition of a Community Payback Order on an elderly man convicted of abusive behaviour towards his partner and three breaches of bail conditions has been refused by the High Court of Justiciary. It was argued by appellant Norman Bowman, aged 63, that the sheriff had failed to
Jill Sinclair looks at a recent QOCS success for DWF. DWF were instructed on behalf of RSA to defend two injury claims, arising from a road traffic accident. RSA's insured admitted slightly touching the vehicle behind, occupied by the pursuers, while he was reversing into a parking bay.
Three of six courtrooms in Airdrie Sheriff Court remain out of commission out of concerns about reinforced autoclaved aerated concrete (RAAC). Although the presence of RAAC in the building has been known for some time, court proceedings were disrupted earlier this week after remedial works raised mo
Sheriff Philip Mann sitting in Aberdeen Sheriff Court has just handed down a landmark decision (Mrs Susan Gordon, Petitioner, [2023] SC ABE 26) which, if followed by other courts, will open a new door in commissary practice across Scotland, writes Justin Reid. The deceased, Mr Thomas Nicol Rae,
A woman who claimed she was abused by a priest and staff in a care home in Bonnyrigg run by the Sisters of Nazareth in 1973 has successfully established that it would be possible for a fair trial to take place. Pursuer GD sought solatium damages for abuse she said occurred over three weeks in the su
