Case Reports

A petition by two Scottish fishing organisations challenging a decision to vary the economic link licence condition in relation to Scottish sea fishing licences aimed at increasing pelagic fish landings has been refused by the Court of Session. Scottish Fishermen’s Organisation Ltd and Shetlan

A motion for breach of an interdict issued by the Sheriff Appeal Court preventing a landowner from interfering with servitude rights of access and repair for a septic tank servicing the dominant tenement’s property has been refused by the SAC on the basis that it was not the competent forum fo

A lord ordinary has assoilzied all eight defenders in a long-running action brought by the former sole shareholder in a company that went into administration after a share sale after holding that he had failed to establish he had been induced to sell the shares by a fraudulent conspiracy between his

An anonymous soldier has been imprisoned for six months for contempt of court after he failed to appear at a coroner’s inquest into the deaths of three men during a military operation in Northern Ireland in 1991. The petitioner, the Presiding Coroner of Northern Ireland, sought to enforce a ce

A lord ordinary has found that a company minority shareholder who signed a loan agreement to offset losses in share value in the sale of the company was required to pay back the totality of the sum to the majority shareholders who offered her the loan, having failed to establish that the agreement w

An English university lecturer with ADHD who was repeatedly refused promotion to a higher lectureship grade has lost an appeal against the decision of the Employment Tribunal to dismiss the substantial part of his claim against his former employer. Simon Pipe, a former BBC journalist and grade 6 lec

The owner of a small pub in Dundee has been found liable for a breach of copyright after it was alleged that he had shown football matches on Sky channels in the bar without a subscription, but not for any damages arising from the breach. Sky Ltd and Sky UK Ltd sought damages of £10,000 from p

The Outer House of the Court of Session has granted the mother of two boys who were subjected to abuse from their alcoholic father permission to relocate with them to her native Australia. Both the pursuer and the defender, referred to as R and S, held parental rights and responsibilities over their

A sheriff has granted a petition for a couple to be appointed as executors dative to a deceased by virtue of a power of attorney granted in their favour by his wife, the executrix nominate of the estate. The will of the late Robert Thompson appointed his wife Jean as executor nominate. Mrs Thompson

The Court of Protection of England and Wales has declined to recognise and enforce a Scottish Guardianship Order authorising the mother of a Scottish woman with moderate intellectual disabilities to consent to the deprivation of her liberty. The SGO was awarded by Aberdeenshire Council on the applic

The Outer House of the Court of Session has rejected a challenge to a will made by an Edinburgh man two days before his death following a wedding ceremony conducted in his flat after his son alleged that the signature on the document had been forged. The first defender, Thorntons Trustees Ltd, relie

A lord ordinary has found that a man living in England who livestreamed accusations that two brothers were involved in organised crime in Greenock was in contempt of an interdict issued by the Court of Session in May 2023 ordering him to cease defaming them. The respondent, Paul Hendry, had attempte

The High Court of Justiciary has refused an appeal by a man convicted of anally raping his ex-girlfriend when they were both 15 after finding that the jury would not have been confused by certain statements made by the prosecution. Counsel for the appellant, EM, argued that the jury lacked clarity o

A woman who was refused a review of her council tax banding by the Assessor for Lanarkshire Valuation Joint Board and had a challenge to that refusal rejected by the First-tier Tribunal for Scotland has failed to obtain permission to further challenge the decision before the Upper Tribunal. Appellan

The Outer House of the Court of Session has refused a motion for leave to appeal against a lord ordinary’s decision to authorise a representative party in group proceedings against various companies in relation to nitrogen oxide emissions from BMW vehicles. A group of several thousand persons