Case archive
Highland property owner fails to appeal refusal of judicial review petition against ratings authority
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.
Court of Session Inner House 14 May 2021
Sheriff finds post-nuptial agreement between divorcing American ex-NASA employees unenforceable
A sheriff in Edinburgh has set aside a post-nuptial agreement between a divorcing American couple living in Scotland in which the husband agreed to give his wife nearly everything he owned if they divorced.
Sheriff Court 13 May 2021
Motherwell commercial landlord fails to establish continuation of lease by tacit relocation
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.
Court of Session Outer House 12 May 2021
Man banned from driving after falling asleep at the wheel loses appeal by stated case against conviction
A man who was convicted of a road traffic offence after falling asleep at the wheel of his car and banned from driving for one year has had his appeal against conviction by stated case refused by the Sheriff Appeal Court.
Sheriff Appeal Court 11 May 2021
Telecoms operators successfully challenge Lands Tribunal decision not to permit termination of lease based on old statutory code
The operators of telecommunications equipment located on land leased from a North Lanarkshire farmer have successfully appealed against a Lands Tribunal for Scotland decision that there was no basis for the termination of an agreement based on a non-current statutory code before the Inner House of the Court of Session.
Court of Session Inner House 10 May 2021
Men who spat at police officers during pandemic have prison sentences reduced by High Court of Justiciary
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.
Appeal Court of the High Court of Justiciary 7 May 2021
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 1960 in not marking a potential trip hazard outside the store.
Sheriff Court 6 May 2021
Publishing company defrauded of over £193,000 fail to appeal decision that ex-employee was not liable for damages
A publishing company that was defrauded of over £193,000 as a result of a “whaling” scam has unsuccessfully reclaimed against a decision that its former credit controller was not liable for damages arising from her mistaken payment of the funds to the fraudsters.
Court of Session Inner House 5 May 2021
Independence campaigner loses appeal on Scottish Parliament’s competence to independently legislate for indyref2
A reclaiming motion by a campaigner for Scottish independence against a judge’s decision that his action seeking declarator that the Scottish Parliament could legislate for a second independence referendum without the consent of Westminster was premature and academic has been refused by the Inner House of the Court of Session.
Court of Session Inner House 4 May 2021
Cupar hotel owners interdict servitude holder from damaging accessway gates with vehicle bar
A sheriff in Dundee Sheriff Court has found that the dominant proprietor of a servitude right over castle grounds in Cupar did not have his rights interfered with by the installation of gates along a road he used to access his property and interdicted him from further damaging or removing them.
Sheriff Court 30 April 2021
Life prisoner refused release at beginning of pandemic loses Parole Board decision challenge
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.
Court of Session Outer House 29 April 2021
Mum of six who fraudulently claimed £55,000 in benefits loses appeal against custodial sentence
A woman who was convicted of fraudulently obtaining £55,000 in child tax credits and sentenced to a year’s imprisonment has had her appeal against the imposition of a custodial sentence refused by the Appeal Court of the High Court of Justiciary.
Appeal Court of the High Court of Justiciary 28 April 2021
Edinburgh law student loses appeal against being placed on children’s list following sexual offences against classmates
A law student in Edinburgh who was placed on the children’s list after being convicted of several sexual offences against schoolmates on Uist has had his appeal against the decision of the Scottish Ministers to list him refused.
Sheriff Court 12 February 2021
Man whose late brother left estate to carer fails to have will reduced by Sheriff Appeal Court
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.
Sheriff Appeal Court 27 April 2021
Sheriff Appeal Court refuses Advocate General’s appeal against decision that immigration official unlawfully detained fishing boats
An appeal by the Advocate General for Scotland against a decision to allow a proof to determine that the detention of three fishing boats by immigration officers was ultra vires has been refused by the Civil Division of the Sheriff Appeal Court.
Sheriff Appeal Court 26 April 2021
