Case Reports

An Aberdeen sheriff has ordered a property developer to discharge a £1.15 million standard security granted in his favour by another developer after ruling that all the conditions of discharge had been complied with. Pursuer David Booth and defender Daniel Donald had previously agreed to form

A lord ordinary has dismissed part of an action raised by the tenant of a building located next door to the fire-damaged Glasgow School of Art insofar as it related to assignees of the tenant but allowed the tenant’s part of the action to continue. Tecjet Ltd, part of a group of companies owne

A landlord of a property in Paisley awarded just over £600 of the £2,300 she sought from the departing tenant has lost an Upper Tribunal appeal seeking to have the amount increased. Appellant Moira Laing had originally sought payment of £2,335.81 for the cost of repairs to the prop

The Sheriff Appeal Court has reduced the amount payable by a joiner who failed to meet quality of work standards in an attic conversion job by £12,000 after he challenged the sheriff’s decision to award decree in favour of the pursuers. Martin Cherrie and Amy Paterson initially raised an

Two petitions by the Deputy Chief Constable of Police Scotland seeking reduction of decisions by the Police Appeals Tribunal reinstating two dismissed constables with written warnings after they sent offensive messages in WhatsApp group about other police officers have been allowed by the Outer Hous

The Sheriff Appeal Court has upheld the conviction of a man who posted offensive messages to a Facebook page about the opening of a Christmas shop in the area but quashed a fine imposed by the sheriff in favour of an admonishment. Graham Kane, a mental health nurse with no previous convictions, pled

A High Court judge has assessed the benefit from criminal conduct by a former Royal Marine Commando who used a Ministry of Defence vehicle to transport drugs from England to Scotland at over £175,000 and made a confiscation order against him for £29,000 of proceeds. Grant Broadfoot pled

An appeal by Scottish Power against a decision to award damages to the widow and other family of a former employee who died of mesothelioma in 2018 has been refused by the Inner House of the Court of Session. Elaine Crozier and other family of the late Robert Crozier successfully obtained a remedy o

A firm of solicitors ordered to pay a client almost £10 million after it was found to have negligently failed to advise them of requirements for lodging caution in an unsuccessful case worth £22.325 million has lost an appeal against the decision. TLT LLP admitted negligence but denied t

A judge in the High Court of England and Wales has dismissed an application by a transgender man seeking a decree of nullity in respect of his purported marriage to a woman in 2009, when he did not have a valid Gender Recognition Certificate, so that he could lawfully marry her again to resolve an i

An appeal against sentence by a repeat offender who was jailed for life with a punishment part of 23 years for murdering his partner while on bail for a different offence has been refused by the High Court of Justiciary. Christoper McGowan, aged 28 at the time of sentencing, had 57 previous convicti

A Crown appeal against what it considered to be the unduly lenient sentencing of a sexual offender has resulted in the High Court of Justiciary concluding that it would have reached the same overall result as the trial judge. Respondent Alistair Fergusson was convicted of 16 sexual offences against

The Sheriff Appeal Court has ruled that a sheriff who awarded sole guardianship of a 24-year-old man with autism to his mother without a proof hearing should have ordered one before making a decision. Colin Boyle, the father of the adult “Andrew” appealed against the order granted in fav

The New York Court of Appeals has concluded in an appeal based on a dispute between two classes of shareholder in a wound-up Scottish fantasy sports company that the plaintiffs had sufficient cause for an action of breach of fiduciary duty under Scots law. Nigel Eccles and other appellants, includin

A couple that bought a property in Auchendinny only to find a substantial quantity of Japanese Knotweed on the grounds have been allowed to progress with an action raised against the sellers based on a breach of the terms of sale. John Busby and Marie Donnelly argued that Mark and Kim Blair were in