Case Reports

A Lord Ordinary has refused a judicial review petition challenging a nil valuation of company shares by an independent chartered accountant for the purposes of paying out a former shareholder. David Maguire, a former shareholder of 5PM Ltd, challenged the decision of Stewart MacDonald CA to ascribe

An appeal by a man who described himself as suffering from a mental disorder seeking damages for medical negligence has lost an appeal against a sheriff’s decision to delete certain averments from probation in the Sheriff Appeal Court. DD, the pursuer in an action against NHS Fife Health Board

The Sheriff Appeal Court has refused an appeal against a sheriff’s interlocutor allowing the addition of a crave to prove the tenor of a letter said to alter the terms of a deceased man’s will in a dispute between his four children. Elizabeth Skelton, the first defender in an action rais

A doctor who had a conditions order against him extended an additional six months after he was tried and acquitted for rape has successfully had the order recalled after an appeal to the Inner House of the Court of Session. The General Medical Council had brought a petition in June 2022 seeking to e

An employee of Marine Scotland who was injured aboard a multi-purpose vessel has been awarded £4,273 in damages by a sheriff after it was found he was partially responsible for the accident. Paul Farley, who was employed as an Able Seaman aboard MPV Hirta on a fixed term appointment, argued th

The Inner House of the Court of Session has determined that the tenancies of two crofts in Wester Ross had validly transferred to the son of a crofter who died intestate after a finding to the opposite effect was made by the Scottish Land Court. Mark Pattinson made an application seeking a determina

A sheriff in Hamilton Sheriff Court has allowed a proof in an action of multiplepoinding raised by a bank to determine the entitlement of the Crown Office and a convicted fraudster to funds raised from the sale of a property in East Kilbride after the making of a proceeds of crime order against that

A Lord Ordinary has reduced the decision of a local authority to close down a day service in Hawick for sufferers of Alzheimer’s disease after a petition for judicial review was raised by a former service user. Petitioner AB, the son and guardian of service user CD, argued that the decision of

A sheriff in Hamilton Sheriff Court has granted decree for recovery of possession to a local authority after it sought to evict a tenant whose son was found with over £38,000 worth of cannabis at the property. North Lanarkshire Council sought the order under section 14 of the Housing (Scotland

A reclaiming motion by a local authority challenging the refusal of its counterclaim against an adjudicator’s decision that a Final Certificate of an amount due to a building contractor was not conclusive has been refused by a 2:1 decision in the Inner House of the Court of Session. D McLaughl

A medical student who was unable to receive support from the Student Awards Agency for Scotland (SAAS) due to the circumstances of her residence in the UK has been successful in a petition for judicial review challenging the legality of parts of the Students’ Allowances (Scotland) Regulations

The First-tier Tribunal for Scotland has granted a wrongful termination order under the Private Housing (Tenancies) (Scotland) Act 2016 for payment of £4,800 to a woman who was evicted from an Aberdeen property after being told the property was to be sold. Linzi Catto, the tenant under a priva

An action seeking the rectification of missives concluded in 1995 for the sale of part of a farm steading in Kinross has been allowed by a lord ordinary after a dispute arose between the daughters of the seller and the purchaser as to the extent of the land disponed. Robert Purvis and his wife Isobe

A health board has been granted decree of absolvitor after an action was raised against it by a woman whose baby son was left severely disabled by compression of his umbilical cord. SD, the pursuer, sought damages for the loss, injury and damage caused to her son, LD, which she averred were a conseq

A Lord Ordinary has refused a motion to dismiss a personal injury action raised by a father and son who worked together as window cleaners against the proprietors of three flats in Montrose after injuries resulting from a fall from height. Defenders Nicholas Faulkner and Calum Paton argued that the