Case Reports

A challenge to a 2008 decision endorsing a prohibition on settlement of the British Indian Ocean Territories has been dismissed by the Supreme Court. The Supreme Court dismissed the appeal by a majority of 3 to 2. Lord Mance gave the majority judgment, with which Lord Neuberger agreed. Lord Clarke g

An appeal which sought to challenge a sheriff’s decision to grant a residence order on the basis that the sheriff erred in making certain findings in fact has been dismissed as “entirely devoid of merit”. The note of appeal challenged the sheriff’s approach to evidence led at a child welfare

A Scots lawyer who challenged a decision by the Scottish Legal Complaints Commission to allow a late complaint from an expert witness over the solicitor's firm's alleged failure to pay a fee of £15,000 has had her application for leave to appeal dismissed. A judge in the Court of Session refused th

Mike Ashley has been ordered to pay the expenses of the Scottish Football Association and Dave King after his petition for judicial review of a decision of football’s governing body to approve the Rangers chairman as a “fit and proper person” to hold the position of director of Rangers Interna

The owner of a small business who was banned from the road for six months after being caught driving while using a mobile phone has successfully appealed against his disqualification. The Sheriff Appeal Court allowed the appeal after the appellant argued that his disqualification from driving would

A former member of the Tamil Tigers who claimed asylum under an EU directive on the basis he would face torture if returned to Sri Lanka has had his application referred to the Court of Justice of the European Union as no authorities are on point. The appellant is a Sri Lankan national who arrived i

A company and individual who accepted the transfer of four properties – challenged by joint administrators of the transferor companies as gratuitous alienations – have had their appeal to the Supreme Court against a decision of the Inner House of the Court of Session dismissed. Oceancrown Ltd, L

A man who was given a community payback order after being found guilty of a statutory breach of the peace by striking the windscreen of a car with a metal bar has won an appeal against his conviction. The Sheriff Appeal Court quashed the conviction after ruling that the case was one in which the cou

The rental and lending rights in respect of books also applies to electronic books according to an Advocate General of the European Court of Justice. In the view of Advocate General Szpunar, the lending of electronic books is comparable to the lending of traditional books, which means that the gener

A man who claimed entitlement to the Baronetcy of Stichill on the basis that DNA evidence put in doubt his rival’s claim has succeeded after the Board of the Judicial Committee of the Privy Council found in his favour. Lord Hodge gave the opinion of the Board which also comprised Lord Neuberger, L

A Scottish local authority that was granted a permanence order in respect of a child, but challenged a sheriff’s decision to order that contact take place between the boy and his father four times a year rather than two, has had its appeal refused in the first published civil case judgment of the

A Scottish council has won a £3 million legal dispute with an insurance firm over the collapse of the Scottish Coal Company. South Lanarkshire Council raised a commercial action seeking payment of £3,117,724 from Aviva Insurance, which the local authority claimed was due under a “performance gua

An agriculture apprentice who was banned from driving for two years after driving a tractor the wrong way along a one-way road in the course of his employment in a family farming business has successfully challenged the period of disqualification. The Sheriff Appeal Court allowed the appeal against

A trustee company that sought to prevent a financial services group from redeeming enhanced capital notes has had its appeal dismissed by judges in theSupreme Court. BNY Mellon’s appeal was dismissed by a 3:2 majority. Lord Neuberger gave the leading judgment, with which Lord Mance and Lord Toulso

The Supreme Court has unanimously allowed the appeal of an unfairly dismissed fingerprint officer involved in the McKie scandal, finding that the original Employment Tribunal’s (ET) interpretation of the relevant legislation leading to a reinstatement order was sound. Lord Hodge, with whom Lady Ha