Case Reports

The Supreme Court has ruled that the UK government’s plan to send asylum seekers to Rwanda to have their claims decided there is unlawful, dismissing an appeal made against a previous decision to that effect. It had previously been held by the Court of Appeal of England and Wales that the poli

An Edinburgh man who was the primary beneficiary under his late aunt’s will before she made a new one in favour of her brother, who had moved into her house against her wishes, has successfully challenged the validity of a 2019 will on the grounds of lack of testamentary capacity, facility and

The Inner House of the Court of Session has refused a reclaiming motion by a divorced father challenging a lord ordinary’s decision that he should pay for the totality of the school fees for three of his children to attend separate private schools up until the date he resigned from his employm

An appeal to the Court of Session against a decision that the tenant of a farm in Kelso did not breach his repairing obligations under his lease has been refused by the Inner House after finding that the Scottish Land Court had not erred in its construction of the contract. It was held by the Land C

A lord ordinary has rejected a challenge to a part award made by an arbitrator in a commercial lease dispute after ruling that the legal error contended for by the petitioner did not arise. The petitioner was the tenant of premises in Glasgow from which they had operated a hotel accommodation busine

The Sheriff Appeal Court has quashed a sheriff’s order allowing the recovery of telephone records from devices owned by a complainer in a summary complaint under the Domestic Abuse (Scotland) Act 2018 after finding that it was unnecessary in the circumstances of the case. Counsel for the Procu

The Inner House of the Court of Session has allowed a reclaiming motion challenging a lord ordinary’s finding that a long-running legal dispute between a Scottish company and its tea plantation workers in Kenya can be heard in Scotland, and sisted the case until the resolution of individual pr

A freight company that sought over £230,000 from a firm of solicitors on the basis that it provided negligent advice during a contentious settlement discussion with a former contractor has been unsuccessful in an action before the Outer House of the Court of Session. Ronnie O’Neill Freig

A challenge to the legislative competence of the Cost of Living (Tenant Protection) Scotland Act 2022 and its imposition of a rent cap and eviction moratorium on private residential tenancies has been refused by a Lord Ordinary in the Outer House of the Court of Session. It was argued by the Scottis

An appeal against a Lord Ordinary’s decision that revised guidance on the meaning of the word “woman” as contained in the Gender Representation on Public Boards (Scotland) Act 2018 is lawful has been refused by the Inner House of the Court of Session. In a previous petition, For Wo

An appeal against conviction by a man who committed 14 assaults against his former partner based on a trial sheriff’s non-withdrawal of a jury direction that he later conceded could not be used to achieve a conviction has been refused by the High Court of Justiciary. Counsel for appellant DM a

A judicial review petition by a vehicle repair business challenging the lawfulness of the imposition of a Low Emissions Zone in Glasgow City Centre has been refused by a judge in the Outer House of the Court of Session. John Paton & Sons Ltd argued that . Glasgow City Council’s position wa

The holding company responsible for easyJet and other related businesses with ‘easy’ in their names has lost an appeal against a judgment of the High Court of England and Wales that a business called “EasyOffices” had not infringed on its trade marks and the revocation of its

The High Court of Justiciary has extended the custodial sentence of a man convicted of forcefully raping three previous partners after an appeal against the leniency of his original sentence by the Crown.  Respondent RM was convicted of three charges of rape against three complainers, each of w

The UK Supreme Court has ruled that a Scottish company director had acquired a securities option from his company as part of measures to financially rescue it and became subject to income tax after an appeal against an Inner House decision to the opposite effect was made by HM Revenue and Customs. V