Case Reports

The Outer House of the Court of Session has dismissed an action for payment by a firm of solicitors against a Dubai-based law firm which required to instruct a Scottish firm for a debt recovery action on behalf of a client based in Hong Kong after finding that the references in the contract to &ldqu

A reclaiming motion by a mother challenging a lord ordinary’s decision to order her to return her son to Switzerland after he was removed to Scotland by his maternal grandfather has been refused by the Inner House of the Court of Session after the court ruled that sufficient safeguards were in

A sheriff has ordered a proof in an action for damages raised by a boat builder against a haulage company contracted to transport a boat mould he alleged he owned and repelled a plea of no title to sue advanced by the defenders, having ruled that the pursuer had a possessory interest in the mould an

The family of a Romanian national employed in England as an HGV driver who died in a road accident in Scotland caused by yellow warning high winds have failed to establish that Scots law applied to their case against his employer, after a lord ordinary ruled that the basis of the case was founded on

The Sheriff Appeal Court has quashed an absolute discharge given to a motorist found speeding at over 100mph outside of Kilmarnock with bald rear tyres and instead fined him £1,125 and disqualified him from driving for 22 months, following a Crown appeal against the sheriff’s decision. M

A man who took photographs of two witnesses in a case against him seeking his disqualification as a company director has lost his appeal against a finding that he was in contempt of court after the Sheriff Appeal Court found that his conduct objectively amounted to contempt regardless of his stated

A sheriff has allowed a claim by two landowners against their neighbour, whom they averred harmed the wedding business on their land by performing extensive excavation work next to it, to proceed on the basis of pure economic loss based on an intentional or reckless delict of nuisance, but excluded

The Supreme Court has dismissed a final appeal by Scottish Power against a decision that it was liable to pay damages to the family of an employee who died of mesothelioma following the settlement of his own claim against the company in 2014, after ruling that the deceased did not need to be sufferi

The Sheriff Appeal Court has refused an appeal by the purchaser of a second-hand vehicle on hire-purchase against a decision that he had not validly rejected the vehicle following a clutch failure nine months after delivery, after ruling that the deciding sheriff had not failed to take into account

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