Case archive



Edinburgh City Council granted permanence order to allow child’s adoption

The City of Edinburgh Council has successfully been granted a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 in relation to the child of a mother diagnosed with paranoid schizophrenia and a father with limited leave to remain in the UK.

Sheriff Court 1 April 2020

Housing association tenant’s damages claim over property’s poor sound insulation dismissed

A housing association tenant who sued his landlord over its alleged failure to properly sound-proof his property has had his action dismissed.

Sheriff Court 27 March 2020

Scottish university’s payment action against student dismissed due to ‘lack of jurisdiction’

A Scottish university which sued a distance-learning student for unpaid fees has had its claim dismissed due to “lack of jurisdiction”.

Sheriff Court 10 March 2020

Man sexually abused by monks awarded £317,000 damages for ‘life-long‘ suffering

A man who developed a “life-long psychiatric injury” after being physically and sexually abused by monks while staying at a residential school nearly 40 years ago has been awarded more than £300,000 in damages.

Sheriff Court 9 March 2020

Father wins appeal to assign tenancy of housing association property to daughter

A housing association tenant whose application to assign the tenancy of the property to his daughter was rejected has successfully challenged the landlord’s decision. A sheriff or

Sheriff Court 3 March 2020

Sheriff upholds prescription plea in dismissing homeowner’s ‘negligence’ claim against former lawyers

A homeowner who sued his former lawyers after they failed to advise him to include a survivorship clause when transferring the title of his property into the joint names of himself and his then fiancée, who later died and left her half-share to her children from a previous relationship, has had his claim dismissed.

Sheriff Court 17 February 2020

Retired lawyer fails in nuisance claim over neighbours’ noisy toilet

A couple who sued their upstairs neighbours over the noise coming from a Saniflo toilet have had their “nuisance” claim dismissed by a court.

Sheriff Court 24 January 2020

Stalking accused successfully challenges docket evidence of previous assault on complainer

A man accused of stalking has successfully challenged an attempt by prosecutors to lead evidence that he had previously assaulted one of the complainers. 

Sheriff Court 28 January 2020

Court to consider fair hearing defence as woman sues stepfather’s estate over historical sex abuse allegations

A woman who claimed she was repeatedly raped by her late stepfather is suing the executor of his estate for damages in a landmark case.

Sheriff Court 15 January 2020

Personal Injury Court issues guidance on motions for sanction for employment of counsel

The All-Scotland Sheriff Personal Injury Court has issued a judgment to give some guidance on motions for certification of skilled persons and sanction for the employment of counsel made under new court rules introduced in 2019. Sheriff Kenneth McGowan said the terms of motions should reflect “as

Sheriff Court 10 January 2020

Court grants ‘guardianship order’ to protect vulnerable adult teenager despite opposition

A vulnerable adult teenager whose life has been characterised by “chaos, abuse and neglect” has been made the subject of a court order to protect her welfare following an application by a Scottish local authority.

Sheriff Court 18 December 2019

Sheriff issues reasons for rejecting human rights challenge to re-routing of Loyalist marches

A sheriff has published his reasons for refusing an appeal by Loyalist groups against a Scottish local authority’s decision to change the routes of its marches to avoid Catholic churches.

Sheriff Court 18 October 2019

Party litigants’ damages claim in medical negligence action dismissed as ‘irrelevant’ 

A patient who sued his local health service over alleged failures in diagnosis and treatment of symptoms affecting his right leg and foot has had a damages claim dismissed.

Sheriff Court 26 August 2019

Mother of girl with selective mutism unsuccessful in obtaining order to relocate her to Germany

The mother of a child with selective mutism has been unsuccessful in establishing that it would be in the child’s best interests to relocate to her native Germany and have that be the child's principal residence.

Sheriff Court 6 August 2019

Councillor suspended for making inappropriate remarks to man seeking renewal of licence has appeal against suspension refused

A councillor suspended for making inappropriate remarks to a man seeking to renew his taxi licence has had his appeal against suspension refused by a court, in a case providing that when acting in a quasi-judicial capacity the enhanced protection afforded politicians to make political comment, under the European Convention on Human Rights, is less likely to be engaged.

Sheriff Court 2 August 2019