Case Reports

The Sheriff Appeal Court has allowed an appeal against a sheriff’s decision that the purchaser of a used car via conditional sale agreement was entitled to reject it based on defects discovered when it was being driven back to Dundee from England, but dismissed the claim after finding that no

A man sentenced to life imprisonment for murder with a punishment part of 18.5 years when he was aged 22 has lost an appeal against the length of the punishment part before the High Court of Justiciary, after the court held that the severity of the offence and the circumstances in which it was commi

The Supreme Court has rejected a final appeal against a decision that furlough payments to workers during the Covid pandemic could be used as a deduction in payouts for business interruption policies, after holding that insurers were entitled to regard them as reducing the policyholders’ busin

A petition by a Palestinian mother and son asserting that the Foreign Secretary had unlawfully delayed issuing a decision on their request for consular assistance to leave Gaza to travel to Jordan as part of a process to join family in the UK has been refused by the Outer House of the Court of Sessi

The Sheriff Appeal Court has held that there is no competence for an appeal against a sheriff’s refusal to sign a warrant for an initial writ after a man attempted to challenge the refusal of his case against his neighbour, after finding that the refusal could not constitute a final judgment i

The Sheriff Appeal Court has refused an appeal by an unincorporated association operating a timeshare in Tenerife against the refusal of its action for specific implement calling for a trustee of the Club to resign after finding that the sheriff was entitled to conclude on the evidence that the defe

A Sheriff Principal has refused permission to appeal to the Court of Session against a decision of the Sheriff Appeal Court that an action for defamation raised by a pursuer against one of his former work colleagues was time barred after upholding the principle that an action was only considered com

A sheriff conducting a Fatal Accident Inquiry into the death of a man crushed by a metal fixture just 10 days into commencing his new employment has concluded that his death could have been prevented if he had been informed that some lifting accessories had been marked as not to be used and there ha

The Inner House of the Court of Session has allowed an appeal against the refusal of a proposed amendment to Employment Tribunal proceedings seeking a continuing payment under a contractually mandated health insurance scheme past an employee’s averred termination date after accepting an argume

The Supreme Court has ruled that costs incurred on environmental surveys and studies in advance of the construction of windfarm projectsdo not qualify for capital allowances under section 11(4) of the Capital Allowances Act 2001 following a final appeal by HMRC against a decision that a group of com

A lord ordinary has concluded that the actions and standard operating procedures of the Scottish Prison Service in opening and reading a serving prisoner’s letters and delaying in providing him with those letters did not constitute an interference with his human rights. William Beggs, currentl

The High Court of Justiciary has refused an appeal against the conviction of a man for the attempted murder of his brother with a knife after finding that the trial judge issued adequate directions on self-defence in a situation where evidence made out that the accused initiated the fight whilst arm

The Sheriff Appeal Court has refused an appeal against the grant of summary decree for payment following a breach of a consumer credit agreement after finding that a defence raised by the appellant based on a case concerning hidden commission in car sales was not relevant to the matter subject to li

An Extra Division of the Inner House has refused an application seeking for sheriffs at Aberdeen to state a case in appeals against Interim Compulsory Supervision Orders in respect of a five-year-old child that were rejected as academic, but noted that the application raised a broader issues in resp

The Supreme Court has allowed an appeal by a financial services provider against the upholding of a summary judgment finding them responsible for conduct of its authorised representative that went beyond the scope of their contract after finding that the wording of the Financial Services and Markets