Case Reports

A petition by the supermarket chain Tesco seeking reduction of a local authority’s decision to grant a planning application by a rival chain for a bigger store in Perth has been granted by the Outer House of the Court of Session. Perth and Kinross Council granted the application by Aldi Stores

The owner of a mobile phone shop in Glasgow convicted of attempting to commit insurance fraud by deliberately setting fire to the premises has lost an appeal against his conviction. Sahail Ahmed was indicted alongside his two brothers Kasim and Adum Ahmed, on two charges of attempted fraud and one o

A woman charged with causing alarm to a couple and their 15-year-old son by watching and filming them in their home has had three Bills of Advocation raised after delays in starting the trial diet refused by the Sheriff Appeal Court. In three complaints raised by the procurator fiscal in Falkirk aga

A woman convicted of laundering over £63,000 in cash has lost an appeal against her conviction made on the basis that the Crown had knowingly withheld evidence at trial. Lesley Clarkson was convicted of two money laundering offences together totalling £63,766, reduced by £4,650 fro

A lord ordinary has ruled that Glasgow City Council had failed to adequately consult on changes to its social care charging policy but declined to order reduction of the policy as sought by a petitioner challenging an increase in the weekly charge levied on him for services. BB, a 40-year-old disabl

The Sheriff Appeal Court has refused an appeal by a man who was due payments from a bank for mis-sold payment protection insurance following a 2019 decision that it could not set-off the payments against a discharged protected trust deed debt, upholding a sheriff’s decision that his claim had

An appeal by the mother of a child born with quadriplegic cerebral palsy who alleged negligence on the part of an obstetrician involved in her care as well as unnamed doctors in the induction ward has been refused by the Inner House of the Court of Session. It was held by the lord ordinary that no b

The Sheriff Appeal Court has refused an application to remit an appeal to the Court of Session in a case involving the competency of making a permanence order in respect of a 16-year-old child. Appellant MM argued that the case raised a novel point of law which required to be considered by the Inner

An Inverness man convicted of sending indecent communications to children has successfully had his conviction on four charges quashed on appeal to the High Court of Justiciary after it found that there was insufficient evidence to allow a finding that he had sent the messages in question. The appell

An insurer which was ordered to pay £1,250 to a man involved in a collision between his van and a car in Edinburgh has had an appeal against the order refused by the Sheriff Appeal Court. Berkshire Hathaway International Insurance Co Ltd argued that, after expert medical evidence led by pursue

A woman who lodged a rejected service complaint against her solicitor after finding out the deeds to her property had previously been in the name of a fake business has been refused permission to appeal a further challenge to the decision not to progress her complaint to the Court of Session. Jennif

The Inner House of the Court of Session has ruled that a female lawyer who sought to sue a sheriff for sexual harassment could not also sue the lord advocate on the basis of vicarious liability on the part of the Crown. It was alleged by the anonymous pursuer, X, that Sheriff John Brown had touched

An A&E doctor based in Larbert who was dismissed for inappropriate communication with a patient has won a claim of unfair dismissal before the Employment Tribunal but had the amount of the award reduced by 15 per cent for contributory conduct. Dr Richard MacCallum was suspended on full pay by Fo

An Aberdeen sheriff has rejected a counterclaim by a client of a firm of solicitors who alleged that he had suffered loss and damage from a breach of contract by a member of the firm’s predecessor arising from a land boundary dispute with a property developer he had instructed the firm to deal

A personal injury sheriff has ruled that a pursuer in a road traffic accident claim had, along with the driver of the other vehicle, attempted to perpetrate an insurance fraud and thus was not entitled to reparations. Pursuer Arif Khan raised the action against Mohammad Arshad and his insurer, AXA I