Case Reports

The widow of a man who died falling through a fragile roof while carrying out maintenance work has been allowed a proof without excision of any of her pleadings after a dispute over the nature of his employment arose. Victoria Rose, wife of the late Andrew Rose, and other members of her family averr

The Supreme Court has ruled that an agreement by a third party to fund litigation in exchange for a percentage of damages recovered in the event of success constitutes a “damages-based agreement” for the purposes of statute. The issue arose in the context of applications to bring collect

An accused who was placed into custody in England while on bail for an offence committed in Scotland has lost an appeal against a decision to extend the 12-month time bar within which his Scottish trial required to commence. Ramel Appleby was due to stand trial for various drug-related offences in S

The Sheriff Appeal Court has refused an appeal by the proprietors of an access road against a sheriff’s decision that the owner of farmland only accessible via that road maintained pedestrian and vehicular access across the piece of land and allowed her a cross appeal against a decision that s

A commercial judge’s decision that a clause in a road work contract stating that certain monies were to be returned to “the Contractor”, meaning a joint venture, should be interpreted instead as a relevant contractor company that was part of that joint venture has been overturned o

A Scottish woman who instructed English solicitors in what became a Court of Session action arising from an accident she had while on holiday in France has lost an appeal against a lord ordinary’s decision to uphold an auditor’s determination that she could not recover the English solici

The Supreme Court has held that a high street bank did not have a duty not to carry out a customer’s instructions if it had reasonable grounds for believing that customer was defrauded after an appeal against a decision of the Court of Appeal of England & Wales finding that such a duty cou

The family of a man who died of cardiac arrest who alleged that the NHS Scotland health board responsible for his treatment was vicariously liable for his death has lost an appeal to the Supreme Court challenging a decree of absolvitor granted to the board. Jennifer McCulloch, wife of the late Neil

A Swedish man who underwent a coronary artery bypass in an NHS hospital and subsequently claimed for significant damage to his right arm has been found in contempt of court by the English High Court of Justice after it found he had misled the court in respect of his condition. Nottingham University

A PhD student at Edinburgh University who was excluded from study after his first-year progression review has successfully petitioned for a judicial review of the university’s Student Appeal Committee’s decision to reject his appeal against exclusion. Chase Shaffar-Roggeveen, who enrolle

A reclaiming motion by three operators of tied pubs challenging a Lord Ordinary’s determination that the Tied Pubs (Scotland) Act 2021 was within the legislative competence of the Scottish Parliament has been refused by the Inner House of the Court of Session. Greene King Ltd, Hawthorn Leisure

A petition by the proprietors of a convenience store challenging the ability of the appointed scheme administrator to determine the reasonable handling fee in respect of Scotland’s now-postponed Deposit Return Scheme has been successful before the Outer House of the Court of Session. Abdul Maj

A Bonnybridge couple who sought to establish that their home had been damaged by fungus created by ethanol vapour have been allowed a proof based on amended pleadings seeking to establish that a particular species created the conditions allowing other organisms to damage their home. Thomas Chalmers

An action for reduction of an eviction order made by the First-tier Tribunal for Scotland’s Housing and Property Chamber in respect of a tenancy of a property held in trust by the landlord for the tenants had been allowed to proceed in the Outer House of the Court of Session. Pursuers Mohammad

An appeal by the Parole Board for Scotland against a Lord Ordinary’s decision that it acted unlawfully in refusing to direct the release of a prisoner who was convicted of murder as a teenager and had subsequently breached licence conditions on previous releases has been allowed by the Inner H