Case Reports

The Italian mother of an 11-year-old child that resided with her father and his new partner in Scotland has been unsuccessful in an action before the Outer House of the Court of Session seeking a specific issue order for the return of the child to Italy. Pursuer JP, who had previously unsuccessfully

A Glasgow sheriff has ordered a licensing board to grant a provisional licence for a petrol station and convenience store to a company seeking to run premises in Cambuslang after it appealed a rejection decision. Certas Energy UK Ltd, which applied for a provisional premises licence from South Lanar

The Upper Tribunal for Scotland has refused an appeal by a homeowner who disputed that an award made in his favour by the First-tier Tribunal in relation to a breach of the Property Factors Code of Conduct should be credited to his account with the factor. Appellant Eric Hamilton, who submitted noti

The Supreme Court has determined that a legal claim brought by the Republic of Mozambique arising from supply contracts entered into by three state-owned corporate vehicles for the development of the country’s exclusive economic zone was not capable of falling within the scope of an arbitratio

A sheriff of the Upper Tribunal for Scotland has refused an appeal by an evicted tenant under a short assured tenancy against a First-tier Tribunal decision that he had renounced his original assured tenancy of the property. Appellant Phillip McCallum sought to argue that a previous agreement to ter

A provider of payment protection insurance that had complaints against it accepted by the Financial Ombudsman Service on the basis that several shopping catalogue retailers had been acting as its agents in mis-selling the policies has lost an appeal against a refusal of a judicial review petition by

The First-tier Tribunal for Scotland has ordered two landlords, one in Glasgow and another in Edinburgh, to pay at least double the amount of tenancy deposits withheld from their tenants after finding them in breach of the Tenancy Deposit Schemes (Scotland) Regulations 2011. In each case, the landlo

A lord ordinary has refused a petition for judicial review by a pharmacy business seeking to reduce a rejected appeal against a decision of Ayrshire and Arran Health Board to allow a new pharmacist to operate in the village of Monkton. Burns Pharmacy Ltd, which serviced Monkton from a location in Pr

The Employment Appeal Tribunal has upheld an appeal by the Greater Glasgow Health Board against a decision that it had unfairly dismissed a hospital supervisor after finding that the Employment Tribunal had reached an erroneous conclusion on the facts. Stephen Mullen was awarded over £9,000 by

An appeal against conviction by a man sentenced to 27 months' imprisonment for sexually assaulting his daughter over a period of six years and later assaulting one of her friends several years later at a house party has been refused by the High Court of Justiciary. It was argued on behalf of the app

A woman who claimed she was abused by a priest and staff in a care home in Bonnyrigg run by the Sisters of Nazareth in 1973 has successfully established that it would be possible for a fair trial to take place. Pursuer GD sought solatium damages for abuse she said occurred over three weeks in the su

A 23-year-old man who stabbed a man in the street after asking if he was giving evidence in a forthcoming trial has lost an appeal against an extended sentence of 65 months with a four-year custodial element. Appellant James Dunn pled guilty at a first diet in the Sheriff Court to assault to severe

A man who drove his car into a garage attached to a house in Fife and then set it on fire has lost an appeal against the length of his prison sentence but successfully challenged a lifelong ban on holding a driving licence. Michael Reddington was sentenced to 7 years’ imprisonment, discounted

A lord ordinary has ruled that a football pundit whose son hit a pedestrian while driving a vehicle he was not insured to drive could not be held jointly and severally liable for repayment of the sum paid by the insurer to the injured party following a successful claim for damages by the injured par

An appeal against sentence by one of three men convicted of organised crime activity, including the supply of drugs and possession of firearms, who argued that his sentence was excessive has been refused by the High Court of Justiciary. Alistair Douglas pled guilty to charges of being involved in cr