Case Reports

A mother who sought the summary return of her 11-year-old child to Poland after she was taken by her father to the UK without warning has successfully applied to the High Court of England and Wales for an order that she be returned. F, the applicant, argued that the respondent G had failed to establ

A former local authority employee who was dismissed after taking a long period of absence following complaints he made about health and safety practices at his workplace has lost an Employment Appeal Tribunal challenge to the dismissal of his application due to time bar. Paul Douglas was employed as

A woman who purchased a $4.1 million penthouse apartment in the Bahamas, the title document for which indicated it was smaller than it was, has lost an appeal to the Judicial Board of the Privy Council in an action seeking a declaration she had validly rescinded the contract and repayment of her dep

An Edinburgh woman who made an out of catchment placement request for her child after they were bullied at their secondary school has lost a Sheriff Court appeal against the refusal of the request by her local education authority. The pursuer, N, had previously had an appeal heard by the City of Edi

An appeal under section 74 of the Criminal Procedure (Scotland) Act 1995 by a man accused of rape against a preliminary hearing judge’s decision to reconsider and then reject an application to lead evidence of a complainer’s previous theft convictions has been refused by the High Court o

A woman detained at the Royal Edinburgh Hospital subject to a Compulsory Treatment Order has had a petition seeking her discharge from hospital into community care refused by the Outer House of the Court of Session. Petitioner MC, who was detained in low secure conditions in hospital, sought an orde

The Sheriff Appeal Court has recalled an interlocutor dismissing a breach of contract action raised by a son after his father removed him as director of one of their companies and had the business wound up against an implied term of a previous verbal contract between the two. It was averred by Gerar

A judge in the High Court of Justiciary has concluded after an examination of the facts that a man with significant learning difficulties had murdered a woman in West Calder and attempted to conceal the crime by disposing of incriminating effects. The accused, Michael Porchetta, was deemed unfit for

A former soldier has lost an English Court of Appeal challenge against a refusal to allow him an appeal against the decision that a condition that he developed in both his calves after he left the army had not been caused or made worse by his military service. Christopher McCalla, who served in the

A sheriff has ordered a materials processing company to pay just over £58,000 to a civil engineering contractor in respect of an overpayment made during a dispute about volumes of excavated rock at a landfill site after finding that the defender had been unjustly enriched at the pursuer’

A Paisley sheriff has appointed the Chief Social Work Officer of East Renfrewshire Council as the welfare guardian of an elderly woman diagnosed with dementia after finding none of her three children who sought the role would be suitable for it, but appointed one of her sons as her financial guardia

A tennis coach who applied for a tennis co-ordinator position with a Scottish university but did not accept an offer made to him for the post has had an Employment Tribunal claim against the university struck out on the ground that he had no reasonable prospect of success. Claimant Raymond Joseph in

The father of a 14-year old child who was sentenced to an order for lifelong restriction for offences against the child’s mother has successfully petitioned the Court of Session for review of a decision taken at a children’s hearing that he was not a relevant person able to participate i

A commercial judge has extended the administration period of a fashion retailer into its fifth year after a note was lodged by its administrators seeking an additional 12 months to resolve the remaining outstanding tasks of the administration. The joint administrators of PSL2021 Realisations Ltd, fo

A former company director has successfully appealed a sheriff’s preliminary dismissal of an action for payment against a man who agreed in principle to buy his shares in the company he directed and only paid him £1,000 of the intended purchase price. Pursuer and appellant Edward Leishman