Case Reports

A business that claimed it was unlawfully refused a small business grant during the Covid-19 pandemic has lost an appeal against the dismissal of its case before the sheriff after it was ruled that he was correct to find no proper case had been made out against the local authority that considered th

An appeal by a party to a share purchase agreement who stopped making payments under the agreement after forming a view that he had been fraudulently induced into entering the SPA against a sheriff’s decision that he had pled no relevant defence to an action for payment has been refused by the

The Sheriff Appeal Court has quashed an order for the destruction of an XL Bully dog after finding that there was insufficient information to establish that the dog presented a risk to the public or that his owner, who received the dog from her son in unknown circumstances, was not a fit and proper

A sheriff has refused a request for contact by the father of a 10-year-old boy whose mother separated from him following two instances of assault in 2018 after finding that it would not be in the child’s best interests for contact to resume. Pursuer G sought a residence order in respect of the

The Sheriff Appeal Court has ordered the removal of a man convicted of threatening and abusive behaviour towards an 11-year-old boy from the sex offenders’ register after determining that his behaviour was motivated by racism, but refused a conjoined challenge to placement on the register by a

A lord ordinary has refused a petition by a company challenging a decision to select a site in Tobermory as the preferred site for a new educational establishment on the island of Mull after ruling that there was no procedural unfairness in the final vote approving the selection of the site. Mull Ca

The Inner House of the Court of Session has allowed an appeal against a grant of planning permission for a wind farm following the developer's successful appeal to the Scottish ministers after ruling that the construction of the wind farm and its connection to the grid constituted a single project f

A personal injury sheriff has ordered a pursuer who abandoned an action against the distribution company that formerly employed him alleging he suffered psychiatric injury following a data breach to pay expenses to the defender after finding that he had raised a claim based on false evidence and mis

An Edinburgh sheriff conducting a fatal accident inquiry into the death of a lorry driver has concluded that his death was a result of inadequate risk assessment and training by his employer in relation to load stability and recommended that more be done to improve compliance with safety requirement

A pre-trial appeal in a domestic abuse case based on a judge’s refusal of a plea of no jurisdiction owing to some of the alleged conduct taking place in England has been refused by the High Court of Justiciary after it held that the common law on cross-border jurisdiction allowed for such a ca

A sheriff principal sitting in the Sheriff Appeal Court has ruled that an appeal against a sheriff’s decision to refuse a petition for recall of sequestration was incompetent, notwithstanding ambiguities in the relevant statutory provisions, as the decision was not capable of appeal without le

The Sheriff Appeal Court has refused an appeal against the grant of a residence order without a proof in favour of the mother of two children raised by the father on the grounds of judicial bias and systemic procedural failings after ruling that there was no merit to any of his substantive complaint

A 24-year-old convicted drug dealer who pled guilty to two charges of supplying cannabis and was imprisoned for six years and three months has lost an appeal against his sentence after it was ruled that the application of sentencing guidelines for class A drugs offences from England had not resulted

The Upper Tribunal for Scotland has refused a tenant permission to seek recall of an eviction order after ruling that the tenant not having legal representation at the hearing before the First-tier Tribunal was not sufficient to demonstrate that she did not have a meaningful opportunity to present h

A commercial judge hearing two test cases concerning repayment of bursary money paid to dentistry students in exchange for a commitment to future NHS work has ruled that both dentists were liable to repay parts of the payments after exceeding the permitted level of private work to avoid repayment. A