Case Reports

The Inner House of the Court of Session has refused an appeal by an airline against a finding that it was responsible for excess damages arising from the injury of a paraplegic passenger who fell from a wheelchair while being pushed along an air bridge. EasyJet Airline Co Ltd argued that they were n

A partnership that claimed that the Royal Bank of Scotland had misappropriated its funds instead of using them for the repayment of a loan agreement between the parties has had its petition for return of the funds dismissed. LD Partnership sought orders for disclosure of the whereabouts of the missi

A Crown appeal against a four-year sentence given to a former GP after he was convicted of raping a woman in a hotel room in Stirling has been refused by the High Court of Justiciary. The respondent, MG, a foreign national with indefinite leave to remain in the UK, was convicted after trial of rapin

A judge of the Upper Tribunal for Scotland has quashed an eviction order following an appeal by the tenants of a property in Armadale after finding that the First-tier Tribunal had wrongly classed the tenancy as a private residential tenancy. Siblings Gerard and Katrine Boyle sought to challenge the

A Moroccan national who attempted to claim asylum in the UK based on his membership of an “ultra group” supporting a Casablanca football team has lost a judicial review claim of the decision to reject his application. Petitioner AC, who was temporarily residing in Glasgow while his appli

A former advocate who was convicted of historical sexual abuse against four complainers between 1973 and 1987 has lost an appeal against conviction and sentence before the High Court of Justiciary based on the existence of a paedophile ring of prominent advocates in Edinburgh in the 1970s. John Watt

A 52-year-old woman who fell down a concrete staircase outside a residential housing complex in Banchory has been awarded £17,000 in damages after a personal injury sheriff ruled that the company responsible for maintaining the staircase had acted negligently. Karla Hodgson sustained a traumat

An appeal by a local authority against a Lord Ordinary’s decision that it was in breach of its duty towards a homeless family that was granted asylum in the UK has been allowed by the Inner House of the Court of Session. It was argued by Glasgow City Council that the Lord Ordinary had erred in

A Pakistani journalist who claimed that he had been defamed by various actions by political activists who posted material to the internet alleging he was corrupt has been successful in his case before the English High Court. Claimant Murtaza Shah raised the action based on the content of a petition

A Falkirk sheriff has granted a renewal of a guardianship order concerning a 25-year-old man with Asperger’s Syndrome and chronic low weight, but refused to grant as part of that a power to determine where the man should live. Falkirk Council sought a three-year renewal of the order on the bas

A commercial judge in the Outer House of the Court of Session has allowed a proof in an action raised by a recycling business arising from what it believed to be an unlawful repudiation of a contract it held with the City of Edinburgh Council. Dalton Group Ltd had been the council’s exclusive

A man who alleged that a Jaguar he obtained by a hire purchase agreement was defective but continued to drive it following rejection has lost an appeal before the Sheriff Appeal Court against a sheriff’s finding that he could not rely on his rescission of the contract. Appellant Alan King argu

The Inner House of the Court of Session has upheld an appeal by a group of companies that acquired loans and securities from the Clydesdale Bank in 2015 against a sheriff’s decision that part of the deed of assignation under which it received the rights was invalid. Promontoria (Chestnut) Ltd

The Court of Appeal of England and Wales has dismissed an appeal by four recipients of Universal Credit against a finding that a UK government decision not to increase the personal allowance element of certain benefits during the period of Universal Credit uplift from March 2020 to October 2021 was

A housing developer that challenged the rejection of planning permission for around a hundred houses to the north of Kilmacolm, Renfrewshire, has lost its appeal to the Inner House of the Court of Session. Taylor Wimpey UK Ltd argued that the reporter for the Scottish Ministers who considered the in