Case Reports

The Sheriff Appeal Court has reversed a sheriff’s decision that a consultant radiologist who failed to detect a pineal cyst in a patient’s brain, which was later surgically removed, was liable for damages after NHS Grampian raised a cross-appeal during an appeal by the patient against an

A sheriff has dismissed a simple procedure claim for an alleged unpaid sum of £3,600 raised by a radio station operator against a glamping business that cancelled its advertising contract with the station after the business was misnamed during radio broadcasts, after finding that the responden

An Egyptian national who was refused permission to challenge the refusal of the Upper Tribunal to permit him to appeal a decision to uphold the rejection of his asylum claim by the Home Office has lost a judicial review challenge based on his contention that it was competent for him to make a challe

A former clerk of the Scottish Courts and Tribunals Service found guilty of forming a fraudulent scheme to acquire sole title to a property in the US state of Florida that she had jointly owned with her ex-partner has lost an appeal against her conviction based on the sheriff’s handling of new

The Inner House of the Court of Session has allowed an appeal by a woman who raised a personal injury claim against an ambulance technician and the Scottish Ambulance Service against a lord ordinary’s decision that her direct case of breach of duty against the second defender was irrelevant in

A farm worker convicted of a road traffic offence after driving onto a manually operated level crossing while it displayed warning lights and colliding with a train has lost an appeal by stated case against his conviction based on his contention that the locus of the offence had not been proved to b

A lord ordinary has refused a judicial review application by the “limbs in the loch” killer based on a February 2024 decision of the Parole Board for Scotland to again refuse to release him on licence after finding that he still presented a risk to the public. William Beggs, who was conv

An appeal by an HGV driver against his dismissal by a haulage company based in Aberlour has succeeded before the Employment Appeal Tribunal after it found that the Employment Tribunal had erred in its approach to the law of constructive dismissal. Claimant and appellant James Marshall brought a clai

The Inner House of the Court of Session has refused a reclaiming motion against a decision that the licensee of several patents owned by a UK company was liable to pay royalties until the end of the licence period, even though the patents themselves had expired three years prior to that date. Lindal

A commercial judge has ruled that the landlord in a windfarm lease was entitled to additional rent based on payments received by the tenant for not generating electricity during periods of lower energy demand, after a claim was raised in the Outer House of the Court of Session to address the alleged

The Inner House of the Court of Session has affirmed a decision of a commercial judge that the Scottish courts have jurisdiction to hear an action arising from an alleged breach of contract between a joint venture involved in a Scottish Water pipeline project to supply drinking water to Edinburgh an

A man who had a wisdom tooth unsuccessfully extracted and required to have surgery performed on his mouth has lost a personal injury case against the dentist who originally attempted the extraction after it was found that his actions were not outwith the range of reasonable options available in the

A landlord and part-time farmer who successfully raised proceedings against Police Scotland seeking recall of a decision to revoke his shotgun certificate has lost an appeal against the sheriff’s decision that no expenses were due by either party. Kenneth Prentice, who had held a shotgun certi

An appeal under section 275 of the Criminal Procedure (Scotland) Act 1995 in which a man accused of abusing his partner sought to lead evidence that she was not of good character has been refused by the High Court of Justiciary after it determined that the evidence was not relevant to the charges. A

A petition by an asylum seeker who challenged a decision of a local authority to treat him as an adult when refusing his application for accommodation has been refused by a Lord Ordinary after he found that the council had followed appropriate procedure in carrying out an age assessment. The petitio