Case Reports

The High Court of Justiciary has tripled a fine imposed on a care home that pled guilty to an offence under the Health and Safety at Work etc Act 1974 following the death of a resident after the Crown challenged the original level of fine as being unduly lenient. Tigh-Na-Muirn Ltd pled guilty to the

The Sheriff Appeal Court has rejected a challenge to a sheriff’s decision that a partnership agreement which was altered without the understood consent of one of its partners to introduce a new managing partner could be reduced on the grounds of essential error induced by misrepresentation and

A final-year dental student at a Scottish university whose studies were terminated due to what the university saw as ongoing professionalism issues has had a petition for judicial review of the decision to uphold his terminated refused. Petitioner SM sought reduction of the decision of the universit

An application by two landlords for permission to appeal a decision of the First-tier Tribunal for Scotland that they had failed to comply with the terms of a Repairing Standard Enforcement Order has been refused by a sheriff of the Upper Tribunal for Scotland. Razia and Mohammed Saeed, who let a pr

A Note of Objection by a pursuer who settled a personal injury action against a decision of the Auditor of Court to disallow fees for junior counsel instructed halfway through the claim has been refused by a Lord Ordinary of the Court of Session. Samantha Maguire settled her claim against Black Isle

An Edinburgh sheriff has ruled that the extradition of a man requested to stand trial in Utah in respect of charges of rape, who claimed he was an orphan from Ireland and not the requested person, would be compatible with the Human Rights Act 1998. It was held in November 2022 that the requested per

A Dundee sheriff has granted decree of absolvitor to the former partner of a man who sought a five-figure sum from her on the basis that he had given it to her to allow her grandmother to buy her council house, in which he had expected to eventually live with her. Pursuer Richard Gourlay claimed he

An application for recall of an arrestment served by the City of Edinburgh council on the bank account of a man with unpaid council tax has been granted by an Edinburgh sheriff. Kevin McKenzie argued that funds in his Bank of Scotland account could not be lawfully arrested as his sole income was der

A landlord who was ordered to pay £4,000 to two former tenants after being found in breach of tenancy deposit regulations has had the sum reduced by £1,500 on appeal to the Upper Tribunal for Scotland. Gordon Bavaird, a landlord since 2017, had originally taken a deposit from tenants Lis

An application for leave to appeal by an American woman who was accused of defrauding her former employer against a sheriff’s decision to allow her extradition back to the state of Missouri to stand trial has been refused by the High Court of Justiciary. Sarah Lynn Tweedy, or Morrow, was accus

An appeal against conviction and sentence by a man convicted of indecent practices against young boys in the Hawick area between 1993 and 2011 has been refused by the High Court of Justiciary. Appellant DW was convicted of two counts of lewd, indecent and libidinous practices, one at common law and

A sheriff in the Upper Tribunal for Scotland has allowed an appeal by a landlord who was refused an order for possession by the First-tier Tribunal after it ruled that he had not made out the eviction ground of intention to demolish or remodel the let property. David Stainthorpe sought to recover po

The Inner House of the Court of Session has ruled that the trustee of an occupational pension scheme was entitled to enter into an arrangement that would alter the manner in which scheme members received increases to their pension. Petitioner abrdn (SLSPS) Pension Trustee Co Ltd sought directions in

A Lord Ordinary has ruled that the widow of a man who died from mesothelioma arising from asbestos exposure during his employment is entitled to seek damages despite an earlier action raised while the deceased was alive being settled. Elaine Crozier and other members of her family argued that they h

The widow of a man who died falling through a fragile roof while carrying out maintenance work has been allowed a proof without excision of any of her pleadings after a dispute over the nature of his employment arose. Victoria Rose, wife of the late Andrew Rose, and other members of her family averr