Case Reports

The Sheriff Appeal Court has refused an appeal against a business tenant’s removal from shop premises in Edinburgh following an undefended irritancy action in the sheriff court after finding that a sheriff had correctly refused a reponing note lodged after the grant of decree in absence. Abo T

A fatal accident inquiry into the death of a transgender woman prisoner by self-inflicted plastic bag asphyxia has concluded that the Scottish Prison Service had unlawfully isolated her while deciding how to proceed with her custody arrangements and made 12 recommendations for improvement of SPS pr

A woman in Pitlochry has lost a judicial review challenge against the decision of her local authority to grant planning permission for a brewery and taproom to be located less than 100 metres south of her residence after it was ruled that there was no inadequacy in the reasons given for granting the

A commercial judge in an action by a landlord against their business tenant seeking damages worth over £12 million after the property was allegedly left in a bad state of repair has ruled that a clause in the schedule to the lease allowing the tenant to pay the landlord a certified sum instead

A solicitor who alleged that another solicitor had falsified documents in misconduct proceedings against her following her removal as her father’s attorney has lost a challenge against the Scottish Legal Complaints Commission’s decision not to investigate the matter. Margaret Horsley, wh

An appeal by a doctor seeking reduction of a sheriff’s finding in a fatal accident inquiry into the death of a young child from a rare cancer that the death could have been avoided had she referred the matter to the paediatric unit in Inverness has been refused by the Inner House of the Court

A sheriff sitting on the Upper Tribunal for Scotland has dismissed seven challenges to the refusal of property valuation changes sought by various Aberdeenshire businesses after a successful appeal against a decision to allow the challenges was made by the Assessor for Grampian Joint Valuation Board

The High Court of Justiciary has ruled that an accused who was taken into custody at his workplace and then searched by the police at his home address, for which they had a warrant, had not been subjected to an unlawful search, following a preliminary minute challenging the admissibility of evidence

A convicted murderer who as a teenager played in the lower leagues of Scottish football, given a life sentence with a 22-year punishment part for the murder of his partner by serious, repeated physical attacks, has lost an appeal against his sentence after the High Court of Justiciary found that the

A former police constable has been awarded £210,000 in damages after a personal injury sheriff ruled that Authorised Firearms Officers ought to have been deployed to an incident in Inverness in which he suffered injuries from an individual who had run away from the police earlier in the day. M

A property development company that alleged that a surveyor’s company instructed by the seller of a property it purchased had negligently failed to detect serious structural issues with the building has had its action dismissed after a sheriff found that its averments did not meet the standard

The Sheriff Appeal Court has refused an appeal by a trade union against a sheriff’s decision that tweets it posted about the wages of restaurant workers in Glasgow were defamatory of the restaurant’s parent company after finding that the sheriff was entitled to reach the conclusion he di

A Forfar sheriff has ordered that two children of a separated cohabiting couple should attend a primary school in Dunfermline at which their mother was now employed full-time after both parties sought competing specific issue orders to resolve a dispute over the children’s schooling following

The High Court of Justiciary has quashed a woman’s three convictions in respect of abusive communications and breach of bail offences to which she pled guilty at trial after ruling that she had a severe delusional disorder that prevented her from tendering an effective plea and from being fit

A Glasgow sheriff has dismissed an action by a divorced husband against his solicitors seeking damages in excess of £137,000 after finding that he had failed to plead a relevant case to establish either negligence or breach of contract after they did not inform him he would be liable for Capit