Case archive

Edinburgh sheriff finds man entitled to paternity test as part of child compulsory supervision order

A man who appealed the decision of a children’s hearing not to require the local authority to organise a DNA test as part of a compulsory supervision order has been successful in an appeal to the sheriff.

Sheriff Court 14 January 2021

Scottish creel fishers succeed in challenging rejection of fisheries proposal by Marine Scotland 

A Scottish fishing federation has succeeded in overturning a decision by the Scottish government not to move forward with a proposed pilot scheme affecting inshore fisheries around the Isle of Skye. 

Court of Session Outer House 13 January 2021

Sheriff grants division and sale of Bearsden home jointly owned by feuding ex-sisters-in-law 

A sheriff in Dumbarton has granted a crave for division and sale of a property in Bearsden jointly owned by two feuding former sisters-in-law following several years of legal correspondence between them with no agreement. 

Sheriff Court 12 January 2021

English High Court rules GCHQ general warrants require sufficient specificity

A privacy rights group has succeeded in having part of a tribunal decision on the use of wide-ranging warrants by UK intelligence services quashed in its application for judicial review in an English court.

England and Wales High Court 11 January 2021

Sheriff Appeal Court upholds decision allowing servitude car parking right off narrow Carnoustie street

The Sheriff Appeal Court (Civil Division) has dismissed an appeal by a property owner in Carnoustie against an order requiring him to give access to his property for to the owner of a neighbouring house to park his car.

Sheriff Appeal Court 8 January 2021

English judge orders recovery of funds from fraudulent car buying company account 

The National Crime Agency has succeeded in an action under the Proceeds of Crime Act 2002 to recover monies from the frozen bank account of a former English car sales company as the proceeds of unlawful conduct.

England and Wales High Court 7 January 2021

English High Court rules South African government does not have immunity from salvage payment action

A UK salvaging company that retrieved 2,364 silver bars from a shipwreck in the Indian Ocean has successfully established in an English court that the Republic of South Africa did not have state immunity from an action for payment for salvage.

England and Wales High Court 6 January 2021

Building contractor successfully enforces adjudicator’s decision in school extension dispute

A building contractor that was hired to construct an extension at a school in Ayrshire has succeeded in an action to enforce an adjudicator’s award following a dispute with the local authority.

Court of Session Outer House 5 January 2021

Family attacked in London hotel burglary loses breach of duty appeal in English Court of Appeal

The Court of Appeal of England and Wales has rejected an appeal by nine claimants, who were injured when a man broke into the hotel they were staying in, against a High Court decision that the hotel was not responsible in law for their injuries.

England and Wales Court of Appeal 24 December 2020

Sheriff Personal Injury Court rules ‘online travel agent’ deal could be considered a package holiday 

A woman who was injured during a two-week holiday to Turkey has successfully established that consumer regulations on the provision of package holidays applied to the booking she made with an ‘online travel agent’ for flights, accommodation, and hotel transfer. 

Sheriff Court 23 December 2020

Outer House rules no servitude exists between 300+ year-old Fife coastal homes

The proprietor of a 350-year-old coastal home in Fife has failed to establish the existence of a servitude right of access over a strip of land within the curtilage of a neighbouring property, either by prescription or by necessity.

Court of Session Outer House 22 December 2020

Edinburgh man has ‘mouth punch’ culpable homicide appeal upheld 

The High Court of Justiciary has allowed an appeal by an Edinburgh man against his conviction for culpable homicide after he argued that the trial judge had misdirected the jury in relation to the definition of the offence. 

Appeal Court of the High Court of Justiciary 21 December 2020

Sheriff Appeal Court refuses appeal against permanence order by recovering alcoholic mother

The Sheriff Appeal Court (Civil Division) has refused an appeal by a mother against the decision to grant a permanence order in respect of her 10-year-old son, Z, to allow him to stay with his maternal grandparents.

Sheriff Appeal Court 18 December 2020

German artist whose vehicle was unlawfully auctioned by Welsh police awarded £36,500 in damages

An English judge has awarded a German artist £36,500 in damages after her vehicle was unlawfully sold by Welsh police before she was able to recover it.

England and Wales High Court 17 December 2020

Outer House dismisses landfill operator’s action to recover unpaid waste tax from contractor 

A waste disposal and landfill operator that sought payment under a tax statute from a contracting company for not paying the correct amount of tax on hazardous waste material it sent has failed to obtain an order for payment. 

Court of Session Outer House 16 December 2020