Case Reports

A decision by Glasgow City Council to grant planning permission for a boundary fence with lockable gate at a sports pitch leased by a charitable trust has been reduced by a lord ordinary on the ground that it failed to consider a statutory duty to maintain access to land. Petitioner Gregory Brown ar

The owners of a Glasgow building given category C listed status due to its architectural and historic qualities have successfully appealed against a reporter’s decision to refuse an appeal against the decision to list it, and had the matter remitted to a new reporter. Weiss Development Company

A Lord Ordinary has determined that a screening opinion by Glasgow City Council that it could demolish two tower blocks without conducting an Environmental Impact Assessment had been unlawfully adopted but refused to reduce it on the basis that the error had been minor. Caz Rae, who lived in the vic

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