Case Reports

The Sheriff Appeal Court has ruled that a child placed under a child protection order before reaching the age of one had a close connection with his father for the purposes of section 67(2)(c) of the Children’s Hearings (Scotland) Act 2011. An appeal was made by JT, the child’s father, a

The Court of Session has allowed an appeal by a landlord seeking declarator that a tenant of their premises at an industrial estate in Aberdeen had not validly exercised a break option in their lease. Ventgrove Ltd sought to have defender Kuehne and Nagel Ltd’s exercise of the break option dec

A woman who was diagnosed with ‘Long Covid’ after being dismissed from a senior HR role at a disability charity has lost a disability discrimination claim before the Employment Tribunal on the basis that she was not disabled at the relevant time for the purpose of the application. Gillia

The European Court of Human Rights has dismissed a discrimination claim brought by an Irish man who was disqualified from receiving a State pension while he served a prison sentence in the country. The claim was based on Article 14 of the European Convention of Human Rights and concerned the operati

A tenant who was awarded £770 by the First-tier Tribunal as compensation after being unable to use parts of her rented property due to dry rot has been awarded an additional £330 after making an appeal to the Upper Tribunal. Appellant Katherine Zhao originally sought £4,000 from he

The Sheriff Appeal Court has refused an appeal by the father of a six-year-old boy with a chronic health condition against a sheriff’s order allowing his mother to relocate to the Republic of Ireland with him following the breakdown of his relationship with her. AD, the defender and appellant,

An Edinburgh taxi driver who was convicted of a statutory offence of making sexual remarks to two young female passengers has had his conviction replaced by one for the common law offence of breach of the peace after appealing to the Sheriff Appeal Court. Faisal Aziz was originally convicted under s

A sheriff has determined that none of an elderly woman’s three daughters should be considered her “nearest relative” for the purposes of the Adults with Incapacity (Scotland) Act 2000 after a dispute arose between the three of them as to who should take the responsibility. An undis

A judge of the Upper Tribunal for Scotland has quashed a First-tier Tribunal decision that a letting agency was in breach of the Letting Agent Code of Practice by not carrying out a check on a prospective tenant’s right to reside in the United Kingdom. Countrywide Residential Lettings Ltd, tra

A commercial judge in the Outer House of the Court of Session has granted decrees for registration of stock transfer forms in two connected actions raised by a company which acquired shares in housebuilding companies as part of loan facilities agreements. BV10 Ltd raised the first action against six

A reclaiming motion by a renewables company against a Lord Ordinary’s decision not to grant them a remedy against a decision of the Scottish Ministers has been refused by the Inner House of the Court of Session. NLEI Ltd had sought to develop a windfarm at a site on the Queensberry Estate near

A doctor who was suspended from the medical register after being arrested as part of a terrorism investigation has lost an appeal to the Inner House of the Court of Session against a decision of the General Medical Council to extend his suspension until April 2023. Reclaimer IB, who had been remande

A man convicted of two charges of abusive behaviour of a partner under separate statutes has lost an appeal against both conviction and sentence in respect of the more serious charge in the High Court of Justiciary.  CA was convicted of contraventions of section 1 of the Domestic Abuse (Scotlan

A Lord Ordinary has granted a motion for interim interdict preventing a Kenyan tea company from continuing ongoing anti-suit proceedings in the Employment and Labour Relations Court of Kenya after an order was sought by a QC representing employees of the company. Petitioner Hugh Campbell QC was the

A man who challenged his conviction for attempted murder on the basis that the trial judge had refused a jury request for a close-up photograph of him has lost his appeal in the High Court of Justiciary. Mark Wishart was sentenced to six years’ imprisonment after being convicted of striking tw