Case Reports

A property development company which claimed that its lawyers were in “breach of contract” has been awarded more than £2.7 million. A judge in the Court of Session ruled that the legal firm was “negligent” in its failure to ensure that the company complied with the terms of two revolving cr

Two social workers who were found in contempt of court for failing to comply with a child contact order made by a sheriff have successfully appealed to have the decision quashed. Judges in the Inner House of the Court of Session ruled that the social workers’ conduct “did not amount to a lack of

A company director and convicted fraudster who sued a newspaper over an article which he claimed was defamatory has had his action dismissed by a judge in the Court of Session. William Roddie, the sole director of Spectrum Properties (Scotland) Limited, raised an action against Associated Newspapers

The regulatory body for social workers in Scotland has successfully challenged a sheriff’s ruling that proceedings before its conduct sub-committee “engaged” article 6 of the European Convention on Human Rights. Sheriff Principal Alastair Dunlop QC (pictured) allowed the Scottish Social Servic

An environmental group which challenged a Scottish local authority’s decision to grant planning permission for a new secondary school to be built in the Fife countryside has had a petition for judicial review dismissed. A judge in the Court of Session ruled that the council’s decision was “law

A Scots lawyer who made dozens of false legal aid claims has been struck off the roll of solicitors after being found guilty of “professional misconduct”. Massimo D’Alvito submitted at least 81 accounts between October 2009 and October 2011 which contained “fictitious outcomes” - prompting

A pedicab driver who successfully challenged a Scottish local authority’s refusal to grant him a rickshaw licence has seen the decision overturned after the council successfully appealed to the Inner House of the Court of Session. The council licensing committee’s decision to refuse the applicat

At the High Court in Edinburgh today, Lord Uist(pictured) sentenced Brian McGregor to a punishment part of six years in prison and imposed an order for lifelong restriction after the accused was found guilty of charges of assault to severe injury, permanent disfigurement and danger to life, and robb

The Supreme Court has ruled the UK government’s benefit cap which restricts unemployed claimants to £500 a week in total welfare payments is lawful but that the policy is incompatible with the government's obligations under the UN Convention on the Rights of the Child (UNCRC).

A Scots lawyer who failed to undertake any work to conclude the administration of an estate has had his practising certificate restricted for a period of four years after being found guilty of “professional misconduct”. The Scottish Solicitors’ Discipline Tribunal also awarded £500 compensati

A man who was found guilty of attempting to smuggle drugs into a prison on the basis of DNA evidence which prosecutors claimed to show that the accused had licked the seal to an envelope containing the illegal substance has had his conviction quashed on appeal. Judges in the Criminal Appeal Court ru

Disabled tenants in private or social housing could be given greater protection from eviction following a judgement from the UK’s highest civil court. The Supreme Court this week ruled that a court must give detailed consideration to a defence to a landlord’s claim for possession by a disabled t

A woman detained in a Scottish hospital under mental health legislation who challenged a warrant which was granted for her transfer to Holland had had an appeal against the decision refused. Sheriff Principal Derek Pyle (pictured) heard that the appellant “K” was detained in April 2014 within Ne

A property developer who took a loan from a bank for the purchase and development of land in 2007 but which the bank argued was merely for the purchase of the land has won his appeal in the UK Supreme Court after it held the bank made a legally binding promise for sums covering both purchase and dev

A diabetic woman of small stature whose son was born with serious disabilities and who claimed she had not been fully informed of the risks of giving birth has won a unanimous appeal against a decision of the Inner House of the Court of Session in the UK Supreme Court. President of the court, Lord N