Case Reports

The Court of Appeal of England Wales has refused an appeal by a company that owned forest land in Cumbria against a successful judicial review of a decision not to confirm an order creating 18 new public footpaths through the woods after finding that the High Court judge was correct to find errors i

An application seeking permission to appeal an arbitrator’s decision in an encroachment dispute between two vertically adjacent flats in Glasgow has been refused by a lord ordinary after he concluded that no error could be found in the arbitrator’s approach. It was argued by the petition

Three sheriffs principal in the Sheriff Appeal Court have granted a motion to remit an appeal to the Court of Session in a non-patrimonial loss case raised by the mother of an allegedly unlawfully detained migrant after finding that the case raised issues beyond the scope of the dispute for which th

The Sheriff Appeal Court has refused an appeal in a dispute between a separated married couple over division and sale of the matrimonial home after upholding a sheriff’s decision that the wife could not rely on section 19 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 to rema

A personal injury sheriff has dismissed an action by a tenant alleging that damp and mould in her rental property triggered her asymptomatic asthma after finding that no evidence had been led supporting her claim that the landlord’s failure to maintain the property had resulted in her conditio

The Sheriff Appeal Court has overturned a sheriff’s decision that the erection of a wall and gate wholly within the bounds of a couple’s residential property in Motherwell caused sufficient detriment to allow their neighbours to enforce a real burden imposed on properties in the developm

A lord ordinary has refused to reduce the will of a man who died of abdominal and bowel cancer in March 2022 on the ground of undue influence by his second wife after finding that none of the evidence presented by the pursuers, his four children by his first wife, was capable of supporting a finding

A Glasgow sheriff has deserted proceedings pro loco et tempore in the first prosecution raised in Scotland for a contravention of abortion buffer zone legislation after finding that the complaint failed to libel two necessary elements of the offence and in consequence constituted an unlawful interfe

The High Court of Justiciary has refused to grant a Polish national leave to appeal against an order for his extradition to serve a prison sentence in Poland for offences including theft and robbery after finding that his taking care of a former partner with a mental disorder did not constitute a fa

A Glasgow sheriff has reduced a deceased’s 2019 homemade will purporting to disinherit two of her children after an action for production and reduction was raised by her son, having found that another of her children had obtained the second will by facility and circumvention in light of the de

A reclaiming motion by the owner of a shopping centre in Arbroath against the refusal of its judicial review petition challenging a decision that it was liable to pay non-domestic rates on premises it claimed to have let for religious purposes has been refused by the Inner House after it found that

An Extra Division of the Inner House of the Court of Session has refused an appeal against a decision that social rented sector tenants of let properties on a former industrial site in Motherwell were not entitled to damages arising from a breach of their landlord’s statutory duties after find

An Alloa sheriff has granted decree de plano ordering the removal of a couple from a property at the insistence of their son after finding that their pleas resisting their ejection had no relevance in law due to a failure to specify the wording of a promise they alleged had been made to them. Derric

The Sheriff Appeal Court has allowed an appeal against a sheriff’s decision that the purchaser of a used car via conditional sale agreement was entitled to reject it based on defects discovered when it was being driven back to Dundee from England, but dismissed the claim after finding that no

A man sentenced to life imprisonment for murder with a punishment part of 18.5 years when he was aged 22 has lost an appeal against the length of the punishment part before the High Court of Justiciary, after the court held that the severity of the offence and the circumstances in which it was commi