Case Reports

The Supreme Court has dismissed a final appeal by the seller of an office block in Cumbernauld against a decision by HM Revenue and Customs that VAT was chargeable on the sale of the land to an unconnected company. David Moulsdale, trading as Moulsdale Properties, argued that the sale had fallen wit

A Luxembourg-based pharmaceutical company has succeeded in an action in the High Court of England and Wales in which it alleged that a drug manufacturing division of an NHS trust was in breach of a drug development agreement (DA) relating to a treatment for lung disease. SciPharm S.a.r.l claimed tha

A Deputy Judge of the High Court of England and Wales has granted permission for a Ukrainian father to withdraw an application under the Hague Convention of 1980 under which he sought the return of his two children to Kyiv. Applicant NW had remained in Ukraine under the requirements of martial law w

A cross appeal on the continued existence or implied re-creation of servitude rights in a Fife property that came to be owned by the proprietor of the burdened property before being sold under a standard security has been allowed by the Sheriff Appeal Court. Stuart Logan, originally the pursuer in a

The Court of Appeal of England and Wales has refused an appeal by the assignee of a company that supplied halal chicken meat to restaurants against the dismissal of its claim that a former director had misappropriated money from the company. Manolete Partners Plc, the liquidator of claims against de

A former paediatrician who had his name erased from the medical register after he was found to be impaired in his fitness to practice has lost an appeal against the General Medical Council’s decision not to convene a new tribunal to re-examine the case. Dr Mina Chowdhury argued that newly disc

A commercial judge in the Outer House of the Court of Session has allowed a proof in an £11.5 million action raised against two companies contracted to build and maintain a funicular railway in the Cairngorns after ruling that the claim had not expired by prescription. Highlands and Islands En

A woman who suffered hearing loss after working in a whisky bottling plant without adequate ear protection since 1990 has been awarded over £45,000 in damages from the All-Scotland Sheriff Personal Injury Court. Margaret Denny, 63, had worked for the defender, Chivas Brothers Ltd, and its pred

A Perth sheriff has issued a guidance note on the management of criminal cases involving persons, particularly females, requiring hospital-based assessment where there is doubt about their ability to participate in criminal proceedings, after it was agreed that it would be helpful to produce a note

A commercial judge has repelled objections raised by the landlord of commercial premises in Kilwinning to a surveyor’s report on the value of the claims against tenants he averred were in breach of their repairing obligations. Ashtenne Caledonia Ltd raised actions against tenants Mahmood Salee

An appeal by an accused against a sheriff’s decision to extend the time limit for commencing his trial diet in Edinburgh has been refused by the High Court of Justiciary after it sought to clarify the modern law on the practice. Philip Barr was set to be tried under a charge of abusive conduct

A sheriff has determined that the medical treatment provided to a man who stabbed a pensioner while he was out walking his dog was not inadequate in a way that could have resulted in his death being avoided. Frank Kinnis died as a result of head injuries inflicted in the assault by David Johnstone o

The Sheriff Appeal Court has overturned a decision that a man who made a claim against the insurer of a driver who struck a hire vehicle for the costs of hiring a replacement vehicle did not have title to sue. Appellant Robert McGarrigle was forced to hire another vehicle to continue working as a se

A Lord Ordinary has allowed a proof in an action raised by a legal practitioner against a sheriff and the Crown based on an alleged series of assaults said to have been committed against her by the sheriff in 2018, and found that the Lord Advocate was the correct person to be sued for the purposes o

A judicial review petition seeking declarator that a decision of the Secretary of State for Environment, Food and Rural Affairs prohibiting UK-registered fishing vessels from catching sandeel for commercial purposes in the North Sea for the entirety of 2022 has been refused by a Lord Ordinary. Sunbe