Case Reports

A company that leased a former coffee shop to a company for alleged use as a place of worship has lost a petition for judicial review of the local authority’s decision that they were liable to pay non-domestic rates after a lord ordinary determined that the petition was incompetent. Bridgeport

A couple who claimed they were wrongfully detained by Nottinghamshire Police in 2019 after they acted on allegations of child abuse and poisoning from their eldest child, from which no prosecution resulted, have lost the majority of their appeal against a County Court decision to dismiss a claim for

The Court of Appeal of England and Wales has dismissed an appeal by six insurers against a decision that they required to pay out on the war risks policy of a vessel detained by the Indonesian navy under border security laws in 2019 after concluding that no exclusion in the policy had been engaged b

A lord ordinary has refused to order the return of two children to the USA after their father raised a petition for orders under the Child Abduction and Custody Act 1985, after finding that the children had expressed clear objections to their return and were at risk of harm due to their father obtai

A commercial judge has recalled a warrant for diligence on the dependence by arrestment and inhibition granted based on an action raised in England by a Scottish offshore company after finding that there was no real or substantial risk that justified the warrant’s continuation. James Fisher Of

The Court of Appeal of England and Wales has refused an appeal by HMRC against a decision that workers at a poultry farming company did not require to be paid the National Minimum Wage for their travel time after finding that the Employment Tribunal had erred in its assessment of what constituted &l

A man convicted of raping a 15-year-old girl along with four other convictions has lost an appeal against his conviction on the first rape charge based on an argument that the jury should have received additional directions on the way he reacted to an accusation made against him by the complainer&rs

A Glasgow sheriff has awarded just over £17,500 to an electrician and approved rot contractor who carried out communal work to his second cousin’s property before it was sold for over £1.1 million after finding that he was not paid the majority of the sum due for the job and the co

The Sheriff Appeal Court has reversed a sheriff’s decision that a consultant radiologist who failed to detect a pineal cyst in a patient’s brain, which was later surgically removed, was liable for damages after NHS Grampian raised a cross-appeal during an appeal by the patient against an

A sheriff has dismissed a simple procedure claim for an alleged unpaid sum of £3,600 raised by a radio station operator against a glamping business that cancelled its advertising contract with the station after the business was misnamed during radio broadcasts, after finding that the responden

An Egyptian national who was refused permission to challenge the refusal of the Upper Tribunal to permit him to appeal a decision to uphold the rejection of his asylum claim by the Home Office has lost a judicial review challenge based on his contention that it was competent for him to make a challe

A former clerk of the Scottish Courts and Tribunals Service found guilty of forming a fraudulent scheme to acquire sole title to a property in the US state of Florida that she had jointly owned with her ex-partner has lost an appeal against her conviction based on the sheriff’s handling of new

The Inner House of the Court of Session has allowed an appeal by a woman who raised a personal injury claim against an ambulance technician and the Scottish Ambulance Service against a lord ordinary’s decision that her direct case of breach of duty against the second defender was irrelevant in

A farm worker convicted of a road traffic offence after driving onto a manually operated level crossing while it displayed warning lights and colliding with a train has lost an appeal by stated case against his conviction based on his contention that the locus of the offence had not been proved to b

A lord ordinary has refused a judicial review application by the “limbs in the loch” killer based on a February 2024 decision of the Parole Board for Scotland to again refuse to release him on licence after finding that he still presented a risk to the public. William Beggs, who was conv