Case Reports

A lord ordinary has granted permission for group proceedings seeking to establish that a producer of hernia mesh products was negligent in its design, manufacture, and marketing of certain named products, after finding that differences in the individual circumstances of the claimants was not a bar t

The Inner House of the Court of Session has ruled that a failure to proceed with a scheme for the renovation and leasing of a former nursing home in Paisley after the land was sold to a third party created a resulting trust in favour of the investors who had paid into a bank account set up in connec

The Sheriff Appeal Court has dismissed an appeal against a sheriff’s refusal to allow a pursuer to amend proceedings against a loan provider arising from alleged misrepresentations by a solar panel installer to add his wife as a party, after ruling that she was correct to conclude that the pro

A personal injury sheriff has disapplied Qualified One-Way Costs Shifting in an action arising from a road traffic accident after finding that the conduct of the pursuer’s solicitors in serving an initial writ including fictitious heads of claim without first checking them with their client ha

A personal injury sheriff has granted decree of absolvitor in an action by a retired boiler fitter seeking damages from his former employer for alleged hearing loss after determining that his loss of hearing was attributable to age and not to any injury suffered during his employment. John Pollock r

A lord ordinary has varied an order awarding a separated couple shared residence of their three children to require them to be returned to the United States at the instance of their two older children after finding that the previous decision not to allow their return with the pursuer had had a sever

A prize-winning dog trainer who was badly bitten by an aggressive working Collie while assessing him to determine whether he was suitable for training has lost a personal injury claim against the dog’s owners after a sheriff found he had accepted the risk of proceeding with the assessment. Bar

The Inner House has remitted sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 relating to the assault of a four-year-old child to a differently constituted sheriff court after finding that a sheriff had erred in making a finding about the child’s father based o

Four men who were imprisoned following convictions relating to a course of fraud perpetrated against the NHS from 2010 to 2017 have each had their sentences reduced by a year after it was found that the sentencing judge had erred in his treatment of the various charges as separate offences rather th

The Abortion Services (Safe Access Zones) (Scotland) Act 2024 hasn’t been subject to judicial scrutiny, until now, writes Sophie Reid. In brief, the Act makes it an offence in Scotland for someone to act in a certain way (a) within a safe access zone for premises that provide abortion services

The Court of Appeal of England Wales has refused an appeal by a company that owned forest land in Cumbria against a successful judicial review of a decision not to confirm an order creating 18 new public footpaths through the woods after finding that the High Court judge was correct to find errors i

An application seeking permission to appeal an arbitrator’s decision in an encroachment dispute between two vertically adjacent flats in Glasgow has been refused by a lord ordinary after he concluded that no error could be found in the arbitrator’s approach. It was argued by the petition

Three sheriffs principal in the Sheriff Appeal Court have granted a motion to remit an appeal to the Court of Session in a non-patrimonial loss case raised by the mother of an allegedly unlawfully detained migrant after finding that the case raised issues beyond the scope of the dispute for which th

The Sheriff Appeal Court has refused an appeal in a dispute between a separated married couple over division and sale of the matrimonial home after upholding a sheriff’s decision that the wife could not rely on section 19 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 to rema

A personal injury sheriff has dismissed an action by a tenant alleging that damp and mould in her rental property triggered her asymptomatic asthma after finding that no evidence had been led supporting her claim that the landlord’s failure to maintain the property had resulted in her conditio