Case Reports

The widow of a man who died unexpectedly of a brain haemorrhage in 2016 has lost a case against the providers of his life insurance seeking payment under the policy after a lord ordinary found that he had made qualifying misrepresentations when filling out the proposal form to obtain cover. Gillian

The Supreme Court has dismissed an appeal by an Aberdeen-based offshore drilling company against a decision of the Court of Appeal that a hire cap provision could be applied to its provision of a support vessel for an oil platform for the purposes of calculating corporation tax due in the accounting

A student with dual citizenship of the UK and South Africa who was charged the higher rate of fees by a Scottish university after it realised that he had paid the wrong rate for his first two years of study has lost a judicial review challenge based on discrimination on the basis that he had fled fr

A Polish national tried and convicted for robbery in his home country has lost a challenge against his extradition in the High Court of Justiciary based on a contention that the warrant for his arrest executed in Scotland was fundamentally flawed. Karol Meger was convicted after trial of the robbery

An Albanian national jailed for 32 months for farming cannabis in two flats in Falkirk has lost an appeal to the High Court of Justiciary against the length of his headline sentence arguing that the sentence was excessive compared to other recent UK decisions. Arber Ketuka pled guilty under section

The Court of Session has ruled on two petitioners for the extension of interim orders affecting two registered nurses alleged to have acted against the interests of the profession in favour of imposing new interim orders with less restrictive conditions. The Nursing and Midwifery Council raised two

An Aberdeen sheriff has granted the trustee in sequestration of the estates of a married couple authority to sell their family home after they failed to engage with the sequestration process for over five years. Richard Bathgate, who became the trustee in sequestration following the retirement of th

A lord ordinary has ruled that a UK motor insurer could not recover a sum of money it paid to settle an action by a man injured in a road accident from another passenger in the same vehicle, who was the named policyholder in respect of an avoided policy in respect of the car. Pursuer Ian Whyte origi

A Turkish national due to be deported from the UK following a criminal conviction has lost a legal challenge against a decision of the Home Secretary that he had no right to a fresh appeal based on his marriage to a Lithuanian national after the refusal of his first claim. Veysel Erturk, aged 23, wa

Two Scottish pensioners who lost their entitlement to Winter Fuel Payment and the equivalent Scottish benefit to be introduced in winter 2024/25 after changes were made to the eligibility rules have lost a judicial review challenge to the decisions of both the UK and Scottish governments. Petitioner

The Inner House of the Court of Session has refused an appeal by a doctor against a decision of a mental health tribunal preventing the transfer of a patient subject to a compulsory treatment order from Scotland to London after finding that the tribunal had correctly applied the doctrine of res judi

An appeal by a gym operator against a sheriff’s decision to award personal injury damages to a man injured by a damaged weight plate at a Glasgow gym has been allowed by the Sheriff Appeal Court after it found that the sheriff was not able to find that the plate was under its exclusive managem

A former law student at the University of Glasgow has won a judicial review challenge against the decision of the Scottish Public Services Ombudsman to refuse to investigate her complaints into a dispute over her degree classification after a lord ordinary found that two her three grounds of appeal

The Supreme Court has ruled that a creditor should be considered to be put on inquiry in any hybrid non-commercial transaction that appears to be overly weighted in favour of discharging the debts of a single borrower after an appeal was brought by a woman who was left with a mortgaged property she

A sheriff has revoked the appointment of the attorney of a woman with Alzheimer's disease after finding that he had used her money for his own interests and misled his co-attorney in respect of rental income for a property she owned. The applicant, C, and the respondent, M, were two of four children