Case Reports

A commercial judge has directed that an administration process for a company registered in Luxembourg but with its principal asset comprising a long lease of commercial premises in Scotland should be regarded as ancillary to a primary insolvency process already underway in Luxembourg. Stuart Preston

A woman who had a placement request for her child with additional support needs refused by her local authority had successfully had an appeal against the refusal remitted for reconsideration to the First-tier Tribunal for Scotland’s Health and Education Chamber. Appellant JH, whose younger son

The High Court of Justiciary has added three years to the sentence of a 27-year-old man convicted of four charges of rape against two former partners after a Crown appeal against his sentence. Respondent CM was given an in cumulo sentence of six years’ imprisonment by the trial judge on 27 May

A commercial judge has ordered a company to produce a full account of its sales of can and actuator products between October 2022 and December 2023 to allow another company to determine the royalties due to it from patent licences it granted. Pursuer Rocep-Lusol Holdings Ltd sought accounting from L

A lord ordinary has repelled submissions by a Scottish NHS Board that it had not waived privilege in respect of documents it lodged with the court in a legal dispute with a service provider over the abandonment of a public procurement process for laboratory services. Roche Diagnostics Ltd sought dec

A woman has been refused permission to appeal against a decision of the Upper Tribunal upholding a decision not to award her additional child maintenance from her ex-partner after a judge in the Inner House of the Court of Session found there to be no error of law capable of forming the subject of a

The Inner House of the Court of Session has refused an appeal by a doctor against the removal of his name from the medical register following his conviction for a domestically aggravated offence under section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. Dr Muhammad Masood was mad

A judge has refused an application made by a man accused of committing sexual offences against his wife in which he sought to lead evidence that they had a sexual relationship prior to their marriage. Applicant MJ appeared on an indictment of 15 charges of alleged sexual offending to which section 2

A lord ordinary has reduced three decisions by the Home Secretary that further submissions made by a family of three who fled their home country for fear that the mother would be subjected to female genital mutilation did not amount to a fresh asylum claim. Petitioners A, B, and C, the latter aged s

The High Court of Justiciary has removed nearly two years of a remaining disqualification period from the sentence of a man who killed a pensioner by dangerous driving following a petition to the court for early restoration. James Hilton, aged 32, was imprisoned for four years and two months and dis

A commercial judge in an £85 million action against 12 defenders has repelled pleas by two of the defenders alleging that the Court of Session did not have jurisdiction over the action as directed against them but allowed a plea by another defender seeking to remove itself based on a prorogati

A woman who lost her husband in a road accident in London has successfully claimed for damages against the driver of the lorry he collided with in the High Court of England and Wales, albeit with a reduction in damages for contributory negligence. Louise Palmer, the widow of the late Simon Palmer, r

The Upper Tribunal for Scotland has allowed an appeal by a landlord ordered to pay over £5,000 to her former student tenants after finding that the First-tier Tribunal had inadequate evidence to reach the conclusions it did. Judith Kennard was ordered to pay a total of £5,175 to the five

A lord ordinary has ruled that it would not be equitable to allow an action by a woman seeking damages for rape by a retired policeman acquitted of criminal charges against her and another woman to proceed. Pursuer PW claimed to have been raped by the defender, KM, in January 1995, but did not comme

Two appeals by the pursuer and defender in a dispute over servitude rights over land including a filling station in Ross-shire have been resolved by the Sheriff Appeal Court determining that the defender did not have the servitude rights he claimed to. AC & IC Fraser & Son Ltd initially rais