Case Reports

The Inner House has clarified the extent to which sheriffs may consider documents which have not been formally proved in simple procedure cases, holding that section 77 of the Courts Reform (Scotland) Act 2014 does not itself make such documents evidence but that the Simple Procedure Rules permit a

The European Court of Human Rights has unanimously held that Croatia violated a bidder’s right of access to a court after its administrative courts refused to review a mayoral decision awarding a lease of municipal property to another bidder.

The Employment Appeal Tribunal has partly allowed an appeal by a barrister challenging the refusal to anonymise her in discrimination proceedings, after finding that the tribunal failed to consider whether publication of her personal or professional names could lead to the jigsaw identification of

The Inner House has allowed appeals by the Scottish ministers against two decisions requiring disclosure of information connected with complaints made against former first minister Alex Salmond, after finding that the Scottish Information Commissioner applied too high a threshold when assessing the

LG Electronics UK Ltd has failed in an appeal against a finding that a defective mobile phone caused a fire in a woman’s home, after the Sheriff Appeal Court rejected its challenge to the sheriff’s assessment of expert evidence about the source of ignition. The court held that the sherif

An online pharmacy company has been awarded more than £1.75 million after the Outer House of the Court of Session found that its founder and former chief executive breached his statutory duties as a director by transferring company funds to another business with which he was associated. Lord R

An action concerning alleged defects in the cladding of the Leonardo Inn Hotel at Aberdeen’s Union Square development is to proceed to proof after the Outer House rejected attempts by the contractor, architect and insulation manufacturer to have the claims disposed of on prescription grounds.

The General Teaching Council for Scotland has succeeded in judicial review proceedings challenging Disclosure Scotland’s refusal to provide information about two teachers being considered for inclusion on barred lists. Lord Braid held that section 30(5)(b) of the Protection of Vulnerable Group

A South Lanarkshire Council tenant facing eviction following her adult son’s drug conviction has succeeded in having her case certified as suitable for appeal to the Court of Session, after the Sheriff Appeal Court held that it raises unresolved questions about Article 8 proportionality in str

ScottishPower cannot deduct around £28 million paid to customers and charities under settlements with energy regulator GEMA when calculating its taxable profits, the Supreme Court has unanimously ruled. The court allowed an appeal by HM Revenue and Customs, holding that although the payments w

A Sri Lankan asylum seeker has failed in a judicial review challenge to the Upper Tribunal’s refusal of permission to appeal after the Outer House held that alleged inadequacies in its reasoning did not amount to a fundamental breach of natural justice. Lady Tait held that section 11A of the T

The Inner House has refused an appeal by Craig Murray against a decision to pause his Scottish judicial review challenge to the proscription of Palestine Action until the UK Supreme Court rules in parallel proceedings. The First Division held that the Court of Session had an inherent power to sist j

A prisoner convicted of attempted murder has failed in an appeal based on the Crown’s admitted failure to disclose a victim statement containing material potentially favourable to his defence. The High Court of Justiciary Appeal Court held that, although the statement should have been disclose

A company pursuing damages for alleged breaches of warranties in a share purchase agreement has been given an opportunity to examine preserved computer data after the Outer House held that its claim was out of time on its existing pleadings. Lord Lake ruled that an 18-month contractual time bar was

A man who received an order for lifelong restriction after a severe assault on his partner has failed in an appeal based on the fact that the risk assessor whose report supported the order had adverse findings made against him in another case shortly before giving evidence. The High Court of Justici