Case Reports

A commercial judge has recalled a warrant for diligence on the dependence by arrestment and inhibition granted based on an action raised in England by a Scottish offshore company after finding that there was no real or substantial risk that justified the warrant’s continuation. James Fisher Of

The Court of Appeal of England and Wales has refused an appeal by HMRC against a decision that workers at a poultry farming company did not require to be paid the National Minimum Wage for their travel time after finding that the Employment Tribunal had erred in its assessment of what constituted &l

A man convicted of raping a 15-year-old girl along with four other convictions has lost an appeal against his conviction on the first rape charge based on an argument that the jury should have received additional directions on the way he reacted to an accusation made against him by the complainer&rs

A Glasgow sheriff has awarded just over £17,500 to an electrician and approved rot contractor who carried out communal work to his second cousin’s property before it was sold for over £1.1 million after finding that he was not paid the majority of the sum due for the job and the co

The Sheriff Appeal Court has reversed a sheriff’s decision that a consultant radiologist who failed to detect a pineal cyst in a patient’s brain, which was later surgically removed, was liable for damages after NHS Grampian raised a cross-appeal during an appeal by the patient against an

A sheriff has dismissed a simple procedure claim for an alleged unpaid sum of £3,600 raised by a radio station operator against a glamping business that cancelled its advertising contract with the station after the business was misnamed during radio broadcasts, after finding that the responden

An Egyptian national who was refused permission to challenge the refusal of the Upper Tribunal to permit him to appeal a decision to uphold the rejection of his asylum claim by the Home Office has lost a judicial review challenge based on his contention that it was competent for him to make a challe

A former clerk of the Scottish Courts and Tribunals Service found guilty of forming a fraudulent scheme to acquire sole title to a property in the US state of Florida that she had jointly owned with her ex-partner has lost an appeal against her conviction based on the sheriff’s handling of new

The Inner House of the Court of Session has allowed an appeal by a woman who raised a personal injury claim against an ambulance technician and the Scottish Ambulance Service against a lord ordinary’s decision that her direct case of breach of duty against the second defender was irrelevant in

A farm worker convicted of a road traffic offence after driving onto a manually operated level crossing while it displayed warning lights and colliding with a train has lost an appeal by stated case against his conviction based on his contention that the locus of the offence had not been proved to b

A lord ordinary has refused a judicial review application by the “limbs in the loch” killer based on a February 2024 decision of the Parole Board for Scotland to again refuse to release him on licence after finding that he still presented a risk to the public. William Beggs, who was conv

An appeal by an HGV driver against his dismissal by a haulage company based in Aberlour has succeeded before the Employment Appeal Tribunal after it found that the Employment Tribunal had erred in its approach to the law of constructive dismissal. Claimant and appellant James Marshall brought a clai

The Inner House of the Court of Session has refused a reclaiming motion against a decision that the licensee of several patents owned by a UK company was liable to pay royalties until the end of the licence period, even though the patents themselves had expired three years prior to that date. Lindal

A commercial judge has ruled that the landlord in a windfarm lease was entitled to additional rent based on payments received by the tenant for not generating electricity during periods of lower energy demand, after a claim was raised in the Outer House of the Court of Session to address the alleged

The Inner House of the Court of Session has affirmed a decision of a commercial judge that the Scottish courts have jurisdiction to hear an action arising from an alleged breach of contract between a joint venture involved in a Scottish Water pipeline project to supply drinking water to Edinburgh an