Case Reports

A disabled woman who sought to become a member of the Mental Health Tribunal for Scotland has been unsuccessful in a challenge to the Scottish Ministers’ public appointment policy in relation to disabled applicants. Victoria Reid challenged a policy under which her application to join the Trib

A taxi driver who reported alleged frauds to the police and later sought to have his personal data erased from police records has lost a case seeking orders to that effect under the Data Protection Act 2018. Robert Bartosik, who also sought damages for the distress caused by Police Scotland’s

The Court of Appeal has concluded that a judicial review petition by a man who was refused Indefinite Leave to Remain based on 10 years of continuous lawful residence in UK was permissible but fell to be refused. Appellant Victormills Iyieke argued that he had “book-ended” leave between

An appeal by one of two defenders in a £2.8 million settled action for medical negligence against a determination that a just apportionment of damages was one where he was assessed at a 100 per cent contribution has been refused by the Inner House of the Court of Session. Muftah Eljamel, a con

The Upper Tribunal for Scotland has refused an appeal by a landlord against an order requiring him to comply with a Repairing Standard Enforcement Order after he challenged the appropriateness of leaving the order in place. Mohammed Arshad, the appellant, argued that it was not possible to carry out

A commercial judge has rejected a proposition by an electricity supplier that a hotel’s case against non-payment of a £168,000 bill accrued over the past five years is irrelevant. SSE Energy Supply Ltd raised the case against Stag Hotel Ltd, the owner of a hotel in Argyll, for monthly in

A Lord Ordinary has ruled that a woman who instructed English solicitors in order to conduct litigation in the Court of Session could not charge their £250,000 account to the unsuccessful defender. Thelem Assurances, the defender in the action raised by Dr Margaret Kirkwood, objected to the or

An English High Court judge has rejected a motion by a local authority seeking a five-day hearing to try unadmitted allegations in a case involving a child placed into care two days after his birth. It was not accepted by Barnsley Metropolitan Borough Council that admissions made by VM, the mother o

An English intellectual property judge has rejected a contention that the manufacturers of a wooden rowing machine had no chance of arguing it to be a “work of artistic craftsmanship” within the meaning of the Copyright, Designs and Patents Act 1988. WaterRower UK Ltd had originally rais

A dentist who worked as a Covid-19 vaccinator without being paid the sessional rate for dental contractors has been awarded just over £13,000 by an employment tribunal after it found her wages had been unlawfully deducted. Audrey Kershaw, who qualified as a dentist in 1987, raised the claim ag

A man convicted of murdering another man with a firearm during a heavily armed confrontation between two feuding families has lost his appeal against sentence in the High Court of Justiciary. Jordan Owens was convicted of murdering Jamie Lee on 8 July 2017 and was given a life sentence with a punish

An appeal by a firm of English solicitors seeking to bring proceedings for £3 million against two former clients for the manner in which they settled a claim has been refused by the Court of Appeal. Candey Ltd brought the action against Basem Bosheh and Amjad Salfiti on the basis of fraudulent

A sheriff has determined that the death of an employee of Orkney Islands Council who was run over by a tipper lorry while operating a leaf blower could have been avoided with appropriate safety precautions. Keith Johnston, an employee of OIC for some 24 years, died instantaneously as a result of the

The tenants of a farm in Inverness have been granted a decree ordering the liquidator of the owner company to conclude missives for the sale of the land to them under statutory right to buy provisions. Amanda and Deanna Urquhart argued that they had a right under the Agricultural Holdings (Scotland)

The Upper Tribunal for Scotland has granted an appeal by a local authority which challenged a First-tier Tribunal decision that a man who parked at a railway station for 10 minutes without paying in order to collect tickets ought not to have been issued a penalty charge notice. The appeal by Fife Co