Case Reports

A farmer in Dingwall who contended that a public right of vehicular access existed over a road created by Highland Council on land compulsorily purchased from his parents has won an appeal before the Inner House of the Court of Session against a decision that no vehicular rights existed. Alasdair Ma

An appeal by Moray Council against awards of damages totalling over £200,000 to a married couple and their three foster children based on the council’s conduct during the placement has been refused by the Sheriff Appeal Court. The parents and their three foster children, one of whom was

A Polish national wanted to serve an 18-month prison sentence in his home country for “sextortion” offences and for insulting a police officer has succeeded in having his extradition order quashed on account of his role as his wife’s sole carer. Appellant PK, whose wife suffered fr

The Upper Tribunal for Scotland has quashed an eviction order granted by the First-tier Tribunal to an Edinburgh landlord who claimed he needed to move back into the property in order to better care for his sister. Tenants Campbell Taylor and Louise Drysdale appealed after an application was made by

A lord ordinary has ruled that medical records obtained by a life insurance provider can be admitted as evidence in an action by a widow seeking payment of a declined claim from her late husband’s insurer. Gillian Cowie sought payment of £500,000 from Vitality Corporate Services Ltd, tra

A Crown appeal against a sheriff’s decision to uphold a minute complaining of unreasonable delay per Article 6(1) ECHR in the trial of a solicitor accused of embezzling funds from her law firm has been refused by the High Court of Justiciary. Sylvia MacLennan and her partner were separately ch

A motion by UEFA seeking directions for a meeting of French law experts instructed by the parties in a claim raised against it by football fans injured in the buildup to the 2022 Champion’s League final has been dismissed by the High Court of Justice of England and Wales. Sean Abram and 886 ot

The owner of a shopping centre in a town in Clackmannanshire has been refused decree de plano that a nearby homeowner whom he averred was blocking access to part of the property has no servitude right of parking on his land. Manoj Marwaha, co-owner of the Sauchie Shopping Centre along with a company

A commercial judge has refused to dismiss a commercial action that was sisted pending the outcome of an English arbitration process, and instead granted a fresh sist and moved it to the ordinary roll. Briggs Marine Contractors Ltd raised the action against Bakkafrost Scotland Ltd in September 2022,

A Pakistani healthcare worker who was refused permission to stay in the UK as a skilled worker after previously attempting to claim political asylum in 2021 and being placed on immigration bail has been refused a judicial review of the Home Secretary’s decision. Petitioner AH initially entered

The Upper Tribunal for Scotland has granted permission for an appeal by a landlord against a decision of the First-tier Tribunal for Scotland refusing her £70 of compensation for the cost of reinstalling a gas hob at her let property that was disconnected by the fire brigade. Appellant Andrea

The Sheriff Appeal Court has dismissed an action by a contractor seeking over £110,000 claim from a property developer after an appeal challenging the adequacy of the pursuer’s case based on an oral agreement between directors of the two companies. LHP Solutions Ltd, the appellant and or

A Justice in the High Court of England and Wales has found a man to be in contempt of court after finding he had repeatedly lied under oath and attempted to have another man pose as him during remote proceedings. Tesco Stores Ltd raised a claim against Shahin Mouradi alleging acts of dishonesty in a

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