Case archive

Telecoms operators successfully challenge Lands Tribunal decision not to permit termination of lease based on old statutory code

The operators of telecommunications equipment located on land leased from a North Lanarkshire farmer have successfully appealed against a Lands Tribunal for Scotland decision that there was no basis for the termination of an agreement based on a non-current statutory code before the Inner House of the Court of Session.

Court of Session Inner House 10 May 2021

Men who spat at police officers during pandemic have prison sentences reduced by High Court of Justiciary

Two men who were sentenced to varying periods of imprisonment for spitting at police officers during the course of the Covid-19 pandemic have had their sentenced reduced by the Appeal Court of the High Court of Justiciary.

Appeal Court of the High Court of Justiciary 7 May 2021

Retired civil servant who tripped on ramp outside Edinburgh supermarket wins over £11,000 in damages

An Edinburgh pensioner who tripped over a ramp outside a supermarket has succeeded in obtaining over £11,000 in damages after a sheriff in the All-Scotland Sheriff Personal Injury Court found that the supermarket acted contrary to the Occupiers’ Liability (Scotland) Act 1960 in not marking a potential trip hazard outside the store.

Sheriff Court 6 May 2021

Publishing company defrauded of over £193,000 fail to appeal decision that ex-employee was not liable for damages

A publishing company that was defrauded of over £193,000 as a result of a “whaling” scam has unsuccessfully reclaimed against a decision that its former credit controller was not liable for damages arising from her mistaken payment of the funds to the fraudsters.

Court of Session Inner House 5 May 2021

Independence campaigner loses appeal on Scottish Parliament’s competence to independently legislate for indyref2

A reclaiming motion by a campaigner for Scottish independence against a judge’s decision that his action seeking declarator that the Scottish Parliament could legislate for a second independence referendum without the consent of Westminster was premature and academic has been refused by the Inner House of the Court of Session.

Court of Session Inner House 4 May 2021

Cupar hotel owners interdict servitude holder from damaging accessway gates with vehicle bar 

A sheriff in Dundee Sheriff Court has found that the dominant proprietor of a servitude right over castle grounds in Cupar did not have his rights interfered with by the installation of gates along a road he used to access his property and interdicted him from further damaging or removing them.

Sheriff Court 30 April 2021

Life prisoner refused release at beginning of pandemic loses Parole Board decision challenge

A life prisoner who had progressed to community access in the parole process before being returned to closed conditions has failed to challenge a decision of the Parole Board for Scotland not to direct his release.

Court of Session Outer House 29 April 2021

Mum of six who fraudulently claimed £55,000 in benefits loses appeal against custodial sentence

A woman who was convicted of fraudulently obtaining £55,000 in child tax credits and sentenced to a year’s imprisonment has had her appeal against the imposition of a custodial sentence refused by the Appeal Court of the High Court of Justiciary.

Appeal Court of the High Court of Justiciary 28 April 2021

Edinburgh law student loses appeal against being placed on children’s list following sexual offences against classmates 

A law student in Edinburgh who was placed on the children’s list after being convicted of several sexual offences against schoolmates on Uist has had his appeal against the decision of the Scottish Ministers to list him refused. 

Sheriff Court 12 February 2021

Man whose late brother left estate to carer fails to have will reduced by Sheriff Appeal Court

The brother of a deceased man who left the majority of his estate to his carer has failed to appeal a sheriff’s decision not to reduce the deceased’s last will in the Civil Division of the Sheriff Appeal Court.

Sheriff Appeal Court 27 April 2021

Sheriff Appeal Court refuses Advocate General’s appeal against decision that immigration official unlawfully detained fishing boats

An appeal by the Advocate General for Scotland against a decision to allow a proof to determine that the detention of three fishing boats by immigration officers was ultra vires has been refused by the Civil Division of the Sheriff Appeal Court.

Sheriff Appeal Court 26 April 2021

Insurer’s appeal in case of man killed outside bar in Aberdeen dismissed by Supreme Court

An insurer’s appeal that an exclusion clause in a policy applied in the context of a case in which a man was killed following an assault in Aberdeen has been unanimously dismissed by the Supreme Court in a judgment that agrees with the Court of Session's.

UK Supreme Court 23 April 2021

Former recruitment agency employees fail in application to recall interim interdicts enforcing non-compete employment contract clause

Three former employees of a recruitment agency who had interim interdicts granted against them preventing them from working for a rival consultancy have, along with their new employer, been unsuccessful in their application for recall of the orders.

Court of Session Outer House 23 April 2021

Outer House finds commercial landlord entitled to payment for repair costs following termination of lease

A landlord of commercial premises in Aberdeenshire whose former tenant refused to pay for the cost of work to the property at the end of their tenancy has successfully obtained a decree for payment from the Outer House of the Court of Session.

Court of Session Outer House 22 April 2021

Owner of converted stable house in Fife loses appeal against parking servitude variation

An owner of a converted stable house in Elie, Fife, whose parking rights over a neighbouring property were altered to allow a new home to be constructed has unsuccessfully challenged the variation in the Inner House of the Court of Session.

Court of Session Inner House 21 April 2021