Case Reports

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

A man who was convicted of assaulting another man with his own machete in a struggle outside his flat has lost an appeal against the conviction in the High Court of Justiciary. Counsel for appellant Ryan Platt argued that the trial judge had misdirected the jury in telling them that the defence main

A Crown appeal in the High Court of Justiciary against what it considered an unduly lenient sentence for a man who raped a woman in front of her seven-year-old son has succeeded in adding four years to his headline sentence. Respondent TJ was originally given a headline sentence of five years for ra

A fuel company that settled a personal injury action by one of its lorry drivers has lost a claim against the company that serviced the tanker lorry he had been driving for a contribution to the settlement after failing to establish negligence. Andrew Gray & Co (Fuels) Ltd settled a claim by pur

A private landlord who was removed from the landlord register because her local authority did not consider her a fit and proper person has successfully petitioned for judicial review of an Upper Tribunal decision upholding that decision. Petitioner Anu Sharma argued that the “fit and proper pe

A Lord Ordinary has declared that a notice of variation of sea fishing licences issued by Marine Scotland is not compatible with the National Marine Plan adopted pursuant to the Marine (Scotland) Act 2010 following a petition for judicial review. The Open Seas Trust, a charity whose purposes include

The Sheriff Appeal Court has refused an appeal by a patient of an Ayrshire dentist who was removed from the Dentists Register against a sheriff’s decision that he was not responsible for an acute stress disorder suffered by the patient as a result of learning of a small chance he had contracte

A Pakistani national who had an application for naturalisation as a British citizen refused because she had unknowingly remained in the UK after her leave had been curtailed has had her petition challenging the decision refused. Petitioner Azia Ameen, who had been granted indefinite leave to remain

An appeal by a father against a sheriff’s decision that his young daughter required compulsory supervision, having ruled that there was sufficient evidence to find he had the mens rea for having committed an assault on her, has been allowed by the Sheriff Appeal Court to the extent that the es

A company that sought to change the name of a hotel it acquired on Oban Bay to include the phrase “on Obay Bay” has won an appeal against a sheriff’s decision interdicting them from using “Oban Bay” on any signage or misrepresenting its hotel as the “Oban Bay Hote

A man who had a £12 million claim against Amazon UK and a recruitment agency alleging that he had been the victim of an employment scam struck out has failed to have a consent order he signed for the recruitment agency set aside in order to allow him to continue his claim. Godstime Idnekpoma,