Case Reports

Two appeals by the trustees of the Eighth Earl Cadogan’s 1961 Settlement Trust against decisions of the Scottish Land Court relating to disputes against the joint tenants of a farm in Perthshire, under which the trust held the landlord’s interest, have been refused by the Court of Sessio

The Upper Tribunal for Scotland has refused an appeal by two landlords against the First-tier Tribunal’s decision not to grant them an eviction order to remove the long-term tenant of their property on the basis of financial hardship. Appellants Peter Large and Maria Lander owned a property on

A judge in the Outer House of the Court of Session has refused a motion by a convicted sexual offender to recover documents from a firm of solicitors which he said he needed in order to defend a claim brought against him by his former employer’s statutory successor arising from a damages claim

The Inner House of the Court of Session has refused an appeal by the Bank of Scotland against a commercial judge’s decision not to dismiss a £26 million action raised against it by an insolvent subsidiary alleging that it would not have gone insolvent but for the actions of the Bank as s

The Supreme Court has held that professional advisory fees totalling around £2.5 million incurred by an investment firm in connection with the sale of a loss-making business could not be deducted as expenses of management under section 1219 of the Corporation Tax Act 2009. Centrica Overseas Ho

A Glasgow employment tribunal has dismissed a claim of unfair dismissal by a worker who was accused of stealing scrap metal from his workplace and dismissed after being caught with aluminium products in his van. The claimant, Mr B Rielly, aged 45, was an employee of Precision Windows and Doors Ltd u

A Paisley man convicted in the High Court of Justiciary on charges of assault, indecent assault, and rape against four former partners has lost an appeal against his conviction based on being deprived of a fair trial. Clark Thomson argued that the trial judge had failed to give appropriate direction

A personal injury sheriff has ruled that no duty of care was owed by an employer to an employee who claimed he had received psychiatric injuries from a failure in grievance procedures arising from a dispute between one of his colleagues and his line manager that created a tense and stressful work at

The High Court of Justiciary has refused an appeal against the imposition of an Order for Lifelong Restriction on a man who assaulted a woman on her way home from work with the intention of raping her. Maximiliano Moreno, aged 22, was given an OLR with a punishment part of 32 months’ imprisonm

The Supreme Court has unanimously dismissed an appeal by an airline against a decision that the cancellation of a flight caused by a pilot falling ill did not constitute “extraordinary circumstances” under which it was not required to pay compensation to air passengers. Kenneth and Linda

A disabled Open University student who was unable to complete a part-time psychology degree due to a change in the way in which virtual tutorials were provided has been awarded £30,700 in damages by an Edinburgh sheriff. Louise Stevenson argued that the change in policy constituted disability

A lord ordinary has granted permission for group proceedings to be brought against members of both the Renault and Nissan groups connected to the installation of prohibited defeat devices during diesel emission testing and authorised the proposed representative party. Joseph Mackay sought to be the

A former tenant of a property in Aberdeen who was refused a wrongful termination order by the First-tier Tribunal for Scotland without a hearing has won an appeal to the Upper Tribunal seeking a reconsideration of his application. Matthew Carrol, the appellant, argued that the FTS had made a final d

An Edinburgh sheriff has granted a parental order recognising a 72-year-old man and his deceased wife as the legal parents of a child born in the USA in 2020 as the result of a surrogacy arrangement. The first petitioner applied for an order in terms of section 54 of the Human Fertilisation and Embr

An IP judge has granted a request by a chemicals company that entered into a joint project with the University of Glasgow ordering the university to produce documents relating to activity by a linked company that it averred was using technology derived from patents previously assigned to it. Deepmat