Case Reports

The Upper Tribunal for Scotland has refused a disabled man permission to appeal against a decision of the First-tier Tribunal that he fell short of the points requirement to merit an award of adult disability payment. Appellant PY, who had appealed to the FTS against a decision by Social Security Sc

The Inner House of the Court of Session has granted decree of absolvitor in a reclaiming motion by an environmental consulting firm sued by multiple persons due to its involvement in a Motherwell housing development built on contaminated land on the basis of res judicata. Pursuer Laura McCluskey was

A Lord Ordinary has allowed a proof in an £800,000 personal injury action raised against a former ambulance technician and the Scottish Ambulance Service under chapter 43 of the Rules of the Court of Session based on alleged abuse committed by the technician against a patient. Pursuer NM raise

An appeal by the Chief Constable of Police Scotland seeking her removal from an action by a scaffolding hire company for declarator and recovery of allegedly stolen goods from a company hired to store them has been allowed by the Sheriff Appeal Court. The Chief Constable was originally called as a t

The Outer House of the Court of Session has refused to give permission for a farming partnership to challenge an arbitrator’s decision that an expulsion notice served on a member of a farming partnership was invalid on the ground of legal error. The petitioners, who sought to expel a member of

The Sheriff Appeal Court has ruled that parts (a) and (b) of section 81(1) of the Adoption and Children (Scotland) Act 2007 could not be severed from one another, and thus a purported permanence order made by a sheriff in respect of a 16-year-old child in Glasgow was not valid. Glasgow City Council

A judge in the Outer House of the Court of Session has refused to grant a six-month sist of an action raised against the Scottish ministers, the lord advocate, and the chief constable of Police Scotland arising from the death of a man in the custody of the Scottish Prison Service. The deceased, Alla

The Sheriff Appeal Court has passed a Bill of Suspension by ruling that a convicted person allegedly in breach of a Restriction of Liberty Order imposed by the SAC could not have that order revoked by a lower court and replaced with a sentence of imprisonment. Complainer Thomas Kitson had been made

A male stripper who was convicted of sexual assault after interacting with two women at a hen party who did not wish to engage with him has lost his appeal against conviction before the Sheriff Appeal Court. Stuart Kennedy was convicted after trial at Aberdeen Sheriff Court of two contraventions of

The Scottish Land Court has ruled that a 70-year-old man was the sole tenant of a farm in Stirling following the death of his mother after determining that the tenancy was not held by a partnership comprising both of them. Charles McAllister raised the action against his brothers Walter and George M

A pensioner’s petition challenging decisions of the Secretary of State for Work and Pensions to make deductions from his pension credit for loans he received during 2006 and 2007 has been refused by the Outer House of the Court of Session. It was contended by petitioner Alan Houston that state

An Employment Tribunal sitting in Glasgow has rejected an application to strike out an employer’s response to a race discrimination claim on the basis that an English lawyer was not capable of appearing before a Scottish Tribunal. The claimant, Mr R Rohatgi, argued that his employer had acted

An appeal against a lord ordinary’s decision to allow a proof and grant an interim suspension of a confirmation of two brothers as co-executors dative of their father’s estate has been allowed by the Inner House of the Court of Session, but only to the extent of recalling the decision to

The unconfirmed executors of a deceased company director have successfully petitioned the Court of Session to exercise its nobile officium to add them to the register of company members as to allow the company to take action to prevent insolvency. It was stipulated in the will of the late director,

An action by the director of a textile company in administration seeking interdict preventing a creditor of the company from executing a charge for payment against him has been dismissed by the Outer House of the Court of Session along with a counterclaim by the creditor. Pursuer Flemming Hansen cla