Case Reports

A Glasgow sheriff has refused three appeals under the Bankruptcy (Scotland) Act 2016 challenging a series of decisions made by the Accountant in Bankruptcy for a man sequestrated in 2018 considering debts said to total over £200,000. It had been determined by the AiB that there was insufficien

A Falkirk couple seeking reparation from a fuel company after their oil tank developed a leak have been refused permission to lead secondary evidence as to the tank’s condition. An objection to the evidence was lodged by the defender, Highland Fuels Ltd, on the basis that their case had been p

A man who sought approximately £33.3 quadrillion in damages from various parties following an unfavourable arbitration decision has had an extended civil restraint order (ECRO) made against him by the English High Court of Justice. Sayed Sangamneheri, who appeared as a litigant in person, soug

An application seeking to appeal a decision of the First-tier Tribunal for Scotland refusing an eviction order for a tenant in rent arrears has been rejected by the housing division of the Upper Tribunal for Scotland. It was argued by the appellants, Amer and Nosheen Rafique, that the relevant evict

A farmer who had an enforcement notice served on him for breaches of planning control at his property in Carnoustie has had his appeal against the decision to let part of it stand refused by the Inner House of the Court of Session. Martin Gibb challenged the decision of a reporter for the Scottish M

Two foster carers and prospective adopters of a five-year-old girl who was assaulted by her mother’s ex-partner have failed to challenge the decision of a children’s hearing not to withhold their names and address from the child’s mother. It was determined by the hearing that the c

A claim by a provider of online legal services alleging a breach of contract by a client to which it supplied it services as an add-on for insurance packages has been refused by an English judge. Epoq Legal Ltd argued that DAS Legal Expenses Insurance Ltd was in breach of contract and was obliged to

A couple who moved out of their rented property early by mutual agreement have successfully challenged a finding that they were due to pay £383 of rent arrears to his former landlord. Thomas and Anne Linden rented a property from respondent Alexander MacPherson from June 2018 to March 2021. Th

An appeal to the Sheriff Appeal Court by a mother involved in a referral to a children’s hearing based on errors in the sheriff’s approach to evidence has been largely refused apart from one point conceded by the sheriff. It was argued by the appellant CB that the proceedings as a whole

A sheriff has ruled that the death of a creel fisherman with coronary artery and heart disease who fell into a harbour was an accident, but not one with a determinable cause.  Alexander Wood, who was aged 65 at the time of his death, was a self-employed creel fisherman working out of Burntislan

Two men who were found guilty of raping a woman in a flat in Edinburgh have successfully challenged their convictions in the High Court of Justiciary. The appellants, AW and HB, argued that the trial judge had failed to direct the jury on a number of key issues in the trial, including details on how

A conveyancer who discovered she no longer had a job while she was on adoption leave from summer 2020 to spring 2021 has been successful in a claim for statutory redundancy payment before an employment tribunal. Catriona Pattullo had been employed by solicitor John Paterson Gray, who had traded as A

A commercial judge has ruled that the compulsory liquidation of a party to a litigation settlement agreement caused frustration of the contract and removed any requirement to pay the other parties to the case proceeds from the sale of a property in Edinburgh. Colonnade Properties Ltd and other trust

Two men who were convicted of attempting to communicate with children for sexual gratification based on evidence gathered by “paedophile hunter” groups have had their appeals against conviction refused by the High Court of Justiciary. John Quinn and Mark Sutherland argued that the eviden

A Crown appeal against a sheriff’s decision to accept a no case to answer submission from a man accused of committing indecent acts against children has been allowed by the High Court of Justiciary. It had been argued by the accused and respondent, BL, that the evidence led in respect of two c