Case Reports

A sheriff conducting a fatal accident inquiry into the death of a care home resident with dementia who choked on her food after being left alone in her room with her breakfast has concluded that her death could have been avoided if she had been supervised while she was eating and more information ab

An appeal by a legal practitioner who claimed that the Crown was liable in delict for alleged civil wrongs committed by a former sheriff has been unanimously dismissed by justices in the Supreme Court on the basis it was bound to fail at the first stage of the vicarious liability enquiry. Lord Reed

The Inner House of the Court of Session has rejected a challenge under the Road Traffic Regulation Act 1984 to the indefinite continuation of an experimental traffic order preventing private vehicles using defined sections of roads in Aberdeen city centre after ruling that Aberdeen City Council did

An employment tribunal has found that the NHS Fife Health Board harassed a nurse by failing to revoke a trans doctor’s permission to use a female changing room until they were on separate shifts and taking an unreasonable length of time to investigate allegations against her, but dismissed the

A mother whose daughter who suffered a brain injury during labour resulting in cerebral palsy has successfully established liability on the part of her health board after a lord ordinary found that an ultrasound ought to have been ordered after a measurement of the Symphysis-Fundal Height on the bab

A Scottish employment tribunal has dismissed a claim for sex discrimination against a security and defence company in respect of its policy allowing trans individuals to use toilets aligning with their gender identity, after ruling that the policy was a proportionate means of achieving a legitimate

A judge in the English High Court has set aside a 2014 judgment of the Chancery Division after the claimants, a family of Scottish dairy farmers, raised an action alleging that the decision in favour of the defendants, which upheld the appointment of the second defendant as receiver in relation to a

An appeal against conviction by a man convicted of three rapes based on a contention that one of the complainers impermissibly referred to criminal conduct not libelled in the terms of the charges has been refused by the High Court of Justiciary after it found that nothing she had said would have me

An Oban sheriff conducting a Fatal Accident Inquiry into the deaths of two pensioners who were assaulted by a man with a mental disorder has declined to make any recommendations for systemic improvements in Police Scotland and NHS Highlands and Islands after concluding that there were no precautions

A lord ordinary has awarded expenses in respect of a now redundant petition for judicial review concerning failure to serve a dangerous building notice in favour of the petitioner after finding that the action could have been entirely avoided by more diligent action from the respondent. Aldi Stores

An appeal by a resident of Duntrune, Angus, against a decision to refuse a challenge of Angus Council’s grant of planning permission on reconsideration for a crematorium near his home has been refused by the Inner House of the Court of Session after it found no error in the reasoning of the pl

The High Court of Justiciary has allowed a Crown appeal against an eight-month Restriction of Liberty Order imposed on an Aberdeen woman who entered a complainer’s home without consent on two occasions, the latter of these as part of an attempted robbery, and ordered that she instead be impris

An appeal by a practising Catholic in England against the dismissal of his Sheriff Court action against the Natwest Group in connection to its display of Pride material in his local bank branch, for which he claimed £35,000 in mental health damages, has been refused after a Sheriff Principal f

A lord ordinary has retrospectively certified six expert witnesses instructed by two homebuyers to report on alleged defects in a property they purchased from a developer in their second action arising from the purchase of the property, having held that it would be uneconomical to prevent them from

A private hire taxi driver in Glasgow who was rear-ended by another driver while waiting at traffic lights has been awarded £2,184 in damages after the defender’s expert witness, who initially took the view that no crash had occurred, contradicted his own written report in light of the e