Case archive

Sheriff Appeal Court allows appeal of residence order after three sheriffs fail to obtain 11-year-old’s views

The Sheriff Appeal Court has overturned a decision to grant interdict against the mother of an 11-year-old girl preventing her from removing the child from her school and from the sheriffdom of Tayside, Central and Fife and granting a residence order in favour of her father.

Sheriff Appeal Court 1 June 2021

Makers of popular gin obtain interim interdict in trade mark claim against ‘own-label’ copy

The manufacturers of Hendrick’s gin have succeeded in obtaining interim interdict in an action for trade mark infringement against a popular discount supermarket after it redesigned one of its ‘own-label’ products to more closely resemble their product.

Court of Session Outer House 28 May 2021

Sheriff finds children of divorcing couple should be moved to state school in light of financial difficulties

A sheriff in Edinburgh has found that two children of a divorcing couple should be moved from their English private school to a Scottish state school after she refused to make either party liable for their children’s school fees.

Sheriff Court 27 May 2021

Landlord who instructed sheriff officers to serve notice to leave on tenants successfully appeals rejection of eviction application

A private landlord who served notice to leave on his tenants by instructing sheriffs’ officers to deliver the notice has succeeded in overturning a tribunal decision that he had not met the statutory definition of a Notice to Leave under the Private Housing (Tenancies) (Scotland) Act 2016.

Upper Tribunal for Scotland 26 May 2021

Outer House judge finds Scottish Ministers liable to pay over £5 million to guarantors of Ferguson Marine

A judge in the Outer House of the Court of Session has sisted proceedings brought by the guarantor of the now-insolvent Ferguson Marine group of companies after finding that the Scottish Ministers were liable to reimburse them under the terms of an indemnity agreement.

Court of Session Outer House 25 May 2021

Man who claimed self-defence in knife attack despite denying having a knife loses appeal against attempted murder conviction

The High Court of Justiciary has refused an appeal against conviction by a man convicted of attempted murder made on the basis that he had a ‘jigsaw’ basis for a special defence of self-defence.

Appeal Court of the High Court of Justiciary 24 May 2021

Religious leaders who challenged legitimacy of church closures in Scotland entitled to expenses increase

A judge in the Outer House of the Court of Session has granted an increased award of expenses to a group of 27 religious leaders who successfully challenged the Scottish Ministers’ decision to close places of worship in Scotland from late December 2020 to March 2021 to help prevent the spread of Covid-19.

Court of Session Outer House 21 May 2021

Inverclyde landlord ordered to pay £1,500 for unlawful eviction of tenant using unfounded eviction ground

A former tenant of a property in Gourock, Inverclyde, has been awarded £1,500 by the First-tier Tribunal Housing and Property Chamber after it found she had been unlawfully evicted by her landlord, who claimed that his sister intended to live in the property.

First-tier Tribunal for Scotland 19 May 2021

Prisoner's ‘defective representation’ petition refused by Outer House

A prisoner who sought a review of his case based on defective representation has had his petition against the decision by the Scottish Criminal Cases Review Commission to refuse a review of his case rejected by a judge in the Outer House of the Court of Session.

Court of Session Outer House 20 May 2021

Supreme Court refuses HMRC appeal seeking over £475,000 in unpaid tax from divorce lawyer

The Supreme Court has refused an appeal by Her Majesty’s Revenue and Customs against a decision of the English Court of Appeal not to require a top UK divorce lawyer to pay back over £475,000 in taxes that were avoided via a scheme.

UK Supreme Court 18 May 2021

Outer House judge orders that child of Canadian and Englishman resident in Scotland be returned to Canada

A judge in the Outer House of the Court of Session has ordered that the young child of a Canadian citizen be returned to Quebec to live with her after an application was made for his return under the Hague Convention on Child Abduction.

Court of Session Outer House 17 May 2021

Highland property owner fails to appeal refusal of judicial review petition against ratings authority

An owner of a property on the west coast of Scotland who claimed he was wrongly charged for ratings payments on the property has been unsuccessful in an appeal against the dismissal of a judicial review petition raised challenging the decision of the local authority’s ratings board.

Court of Session Inner House 14 May 2021

Sheriff finds post-nuptial agreement between divorcing American ex-NASA employees unenforceable

A sheriff in Edinburgh has set aside a post-nuptial agreement between a divorcing American couple living in Scotland in which the husband agreed to give his wife nearly everything he owned if they divorced.

Sheriff Court 13 May 2021

Motherwell commercial landlord fails to establish continuation of lease by tacit relocation

A commercial landlord of industrial premises in Motherwell has been unsuccessful in its action against its former tenant for payments it alleged were due to it under a commercial lease between them.

Court of Session Outer House 12 May 2021

Man banned from driving after falling asleep at the wheel loses appeal by stated case against conviction

A man who was convicted of a road traffic offence after falling asleep at the wheel of his car and banned from driving for one year has had his appeal against conviction by stated case refused by the Sheriff Appeal Court.

Sheriff Appeal Court 11 May 2021