Case Reports

An appeal against a sheriff’s decision to suspend contact between a father and his 13-year-old daughter after he failed to return her following a period of residential contact has been refused by the Sheriff Appeal Court. It was argued by the appellant, F, that the sheriff had failed to afford

The Inner House of the Court of Session has redetermined the issue of financial provision in a divorce action where the primary matrimonial assets were shares in a limited company, after an appeal was made by the wife on the basis that she ought to have been paid the value of her shares. Pursuer and

The Inner House of the Court of Session has refused an appeal by a serving life prisoner against a decision not to provide him with data requested under the Freedom of Information (Scotland) Act 2002 that he maintained would prove he was innocent of the murder of Barry Wallace in 1999. William Beggs

A former teacher at a nursery in Inverness who made protected disclosures about practices within the nursery and suffered detriment has won an appeal challenging the Employment Tribunal’s finding that a decision by the General Teaching Council of Scotland to investigate a complaint made by her

A Glasgow resident who was given a penalty charge by Glasgow City Council for parking in a restricted bay has successfully appealed the charge to the Upper Tribunal for Scotland on the basis that the First-tier Tribunal had wrongly refused to consider additional evidence. It was argued by appellant

A Lord Ordinary has ruled that it is lawful for a pharmacy contractor to install and operate automated prescription collection points from premises not included in their pharmaceutical lists following a judicial review challenging a decision that it was. It was contended by the petitioner, Community

The Italian mother of an 11-year-old child that resided with her father and his new partner in Scotland has been unsuccessful in an action before the Outer House of the Court of Session seeking a specific issue order for the return of the child to Italy. Pursuer JP, who had previously unsuccessfully

A Glasgow sheriff has ordered a licensing board to grant a provisional licence for a petrol station and convenience store to a company seeking to run premises in Cambuslang after it appealed a rejection decision. Certas Energy UK Ltd, which applied for a provisional premises licence from South Lanar

The Upper Tribunal for Scotland has refused an appeal by a homeowner who disputed that an award made in his favour by the First-tier Tribunal in relation to a breach of the Property Factors Code of Conduct should be credited to his account with the factor. Appellant Eric Hamilton, who submitted noti

The Supreme Court has determined that a legal claim brought by the Republic of Mozambique arising from supply contracts entered into by three state-owned corporate vehicles for the development of the country’s exclusive economic zone was not capable of falling within the scope of an arbitratio

A sheriff of the Upper Tribunal for Scotland has refused an appeal by an evicted tenant under a short assured tenancy against a First-tier Tribunal decision that he had renounced his original assured tenancy of the property. Appellant Phillip McCallum sought to argue that a previous agreement to ter

A provider of payment protection insurance that had complaints against it accepted by the Financial Ombudsman Service on the basis that several shopping catalogue retailers had been acting as its agents in mis-selling the policies has lost an appeal against a refusal of a judicial review petition by

The First-tier Tribunal for Scotland has ordered two landlords, one in Glasgow and another in Edinburgh, to pay at least double the amount of tenancy deposits withheld from their tenants after finding them in breach of the Tenancy Deposit Schemes (Scotland) Regulations 2011. In each case, the landlo

A lord ordinary has refused a petition for judicial review by a pharmacy business seeking to reduce a rejected appeal against a decision of Ayrshire and Arran Health Board to allow a new pharmacist to operate in the village of Monkton. Burns Pharmacy Ltd, which serviced Monkton from a location in Pr

The Employment Appeal Tribunal has upheld an appeal by the Greater Glasgow Health Board against a decision that it had unfairly dismissed a hospital supervisor after finding that the Employment Tribunal had reached an erroneous conclusion on the facts. Stephen Mullen was awarded over £9,000 by