Case Reports

A Crown appeal against a sheriff’s decision to uphold a minute complaining of unreasonable delay per Article 6(1) ECHR in the trial of a solicitor accused of embezzling funds from her law firm has been refused by the High Court of Justiciary. Sylvia MacLennan and her partner were separately ch

A motion by UEFA seeking directions for a meeting of French law experts instructed by the parties in a claim raised against it by football fans injured in the buildup to the 2022 Champion’s League final has been dismissed by the High Court of Justice of England and Wales. Sean Abram and 886 ot

The owner of a shopping centre in a town in Clackmannanshire has been refused decree de plano that a nearby homeowner whom he averred was blocking access to part of the property has no servitude right of parking on his land. Manoj Marwaha, co-owner of the Sauchie Shopping Centre along with a company

A commercial judge has refused to dismiss a commercial action that was sisted pending the outcome of an English arbitration process, and instead granted a fresh sist and moved it to the ordinary roll. Briggs Marine Contractors Ltd raised the action against Bakkafrost Scotland Ltd in September 2022,

A Pakistani healthcare worker who was refused permission to stay in the UK as a skilled worker after previously attempting to claim political asylum in 2021 and being placed on immigration bail has been refused a judicial review of the Home Secretary’s decision. Petitioner AH initially entered

The Upper Tribunal for Scotland has granted permission for an appeal by a landlord against a decision of the First-tier Tribunal for Scotland refusing her £70 of compensation for the cost of reinstalling a gas hob at her let property that was disconnected by the fire brigade. Appellant Andrea

The Sheriff Appeal Court has dismissed an action by a contractor seeking over £110,000 claim from a property developer after an appeal challenging the adequacy of the pursuer’s case based on an oral agreement between directors of the two companies. LHP Solutions Ltd, the appellant and or

A Justice in the High Court of England and Wales has found a man to be in contempt of court after finding he had repeatedly lied under oath and attempted to have another man pose as him during remote proceedings. Tesco Stores Ltd raised a claim against Shahin Mouradi alleging acts of dishonesty in a

An Aberdeen sheriff has ordered a property developer to discharge a £1.15 million standard security granted in his favour by another developer after ruling that all the conditions of discharge had been complied with. Pursuer David Booth and defender Daniel Donald had previously agreed to form

A lord ordinary has dismissed part of an action raised by the tenant of a building located next door to the fire-damaged Glasgow School of Art insofar as it related to assignees of the tenant but allowed the tenant’s part of the action to continue. Tecjet Ltd, part of a group of companies owne

A landlord of a property in Paisley awarded just over £600 of the £2,300 she sought from the departing tenant has lost an Upper Tribunal appeal seeking to have the amount increased. Appellant Moira Laing had originally sought payment of £2,335.81 for the cost of repairs to the prop

The Sheriff Appeal Court has reduced the amount payable by a joiner who failed to meet quality of work standards in an attic conversion job by £12,000 after he challenged the sheriff’s decision to award decree in favour of the pursuers. Martin Cherrie and Amy Paterson initially raised an

Two petitions by the Deputy Chief Constable of Police Scotland seeking reduction of decisions by the Police Appeals Tribunal reinstating two dismissed constables with written warnings after they sent offensive messages in WhatsApp group about other police officers have been allowed by the Outer Hous

The Sheriff Appeal Court has upheld the conviction of a man who posted offensive messages to a Facebook page about the opening of a Christmas shop in the area but quashed a fine imposed by the sheriff in favour of an admonishment. Graham Kane, a mental health nurse with no previous convictions, pled

A High Court judge has assessed the benefit from criminal conduct by a former Royal Marine Commando who used a Ministry of Defence vehicle to transport drugs from England to Scotland at over £175,000 and made a confiscation order against him for £29,000 of proceeds. Grant Broadfoot pled