Case Reports

An Aberdeen sheriff has granted the trustee in sequestration of the estates of a married couple authority to sell their family home after they failed to engage with the sequestration process for over five years. Richard Bathgate, who became the trustee in sequestration following the retirement of th

A lord ordinary has ruled that a UK motor insurer could not recover a sum of money it paid to settle an action by a man injured in a road accident from another passenger in the same vehicle, who was the named policyholder in respect of an avoided policy in respect of the car. Pursuer Ian Whyte origi

A Turkish national due to be deported from the UK following a criminal conviction has lost a legal challenge against a decision of the Home Secretary that he had no right to a fresh appeal based on his marriage to a Lithuanian national after the refusal of his first claim. Veysel Erturk, aged 23, wa

Two Scottish pensioners who lost their entitlement to Winter Fuel Payment and the equivalent Scottish benefit to be introduced in winter 2024/25 after changes were made to the eligibility rules have lost a judicial review challenge to the decisions of both the UK and Scottish governments. Petitioner

The Inner House of the Court of Session has refused an appeal by a doctor against a decision of a mental health tribunal preventing the transfer of a patient subject to a compulsory treatment order from Scotland to London after finding that the tribunal had correctly applied the doctrine of res judi

An appeal by a gym operator against a sheriff’s decision to award personal injury damages to a man injured by a damaged weight plate at a Glasgow gym has been allowed by the Sheriff Appeal Court after it found that the sheriff was not able to find that the plate was under its exclusive managem

A former law student at the University of Glasgow has won a judicial review challenge against the decision of the Scottish Public Services Ombudsman to refuse to investigate her complaints into a dispute over her degree classification after a lord ordinary found that two her three grounds of appeal

The Supreme Court has ruled that a creditor should be considered to be put on inquiry in any hybrid non-commercial transaction that appears to be overly weighted in favour of discharging the debts of a single borrower after an appeal was brought by a woman who was left with a mortgaged property she

A sheriff has revoked the appointment of the attorney of a woman with Alzheimer's disease after finding that he had used her money for his own interests and misled his co-attorney in respect of rental income for a property she owned. The applicant, C, and the respondent, M, were two of four children

The Sheriff Appeal Court has refused an appeal against a sheriff’s decision that two residential landlords were not in breach of occupiers’ liability legislation as a result of their tenant’s children falling into a scalding hot bath she had run for herself. Appellant NM raised an

Two charity employees and directors of St Mirren FC have lost a defamation case against a former director of the club based on statements he posted online and made to journalists while seeking election to the board of the club’s supporters’ association after it was found they were based

The Inner House of the Court of Session has refused an appeal by a company seeking to develop derelict land near Paisley against a reporter’s decision that the residential part of the development went against the masterplan for the area. J29 (Scotland) Ltd sought to construct a multi-use devel

The Employment Appeal Tribunal has allowed an appeal by the Scottish Ministers against a decision to permit a disability discrimination claim against them by a former fixed-term employee after ruling that the Employment Tribunal had failed to properly consider the issues of the claim and whether it

A group of automotive companies have lost an appeal in the Inner House of the Court of Session against a lord ordinary’s grant of permission for group proceedings to be brought against them based on the installation of prohibited defeat devices into diesel vehicles. The reclaimers, members of

A 20-year-old man who received an order for lifelong restriction after abducting a vulnerable teenager, threatening him with a BB gun, and forcing him to perform oral sex has lost an appeal in the High Court of Justiciary against his sentence. Appellant NS, who was 18 when he committed the offences,