Case Reports

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

A double glazing manufacturer has succeeded in establishing that it had a binding contract with one of its customers under which they agreed to buy glass exclusively from it from 2016 to 2020.  Supaseal Glass Ltd contended that Inverclyde Windows Manufacturing Ltd was in breach of contract for

A judicial review action by a man seeking asylum in the UK who was seriously injured in a Glasgow hotel in a stabbing incident has been refused by the English High Court.  Claimant MG argued that the Secretary of State for the Home Department was obliged to commission an independent investigati

The UK Supreme Court has held that holiday pay for part-year workers is to be calculated on the same basis as full-time employees after dismissing an appeal by the employer of a part-time music teacher against a decision of the English Court of Appeal, and the Employment Appeal Tribunal before it, t

An appeal by the mother of a child with global developmental delay challenging the making of a permanence order in respect of her child has been refused by the Sheriff Appeal Court. A permanence order in respect of the child, A, was granted in April 2022, with contact between A and his mother permit

A passing off claim relating to the name of the Rubettes, a pop band that enjoyed success in the 1970s, by one of its founding members against two of the others has been successful before the English High Court. Alan Williams, and his company Alan Williams Entertainments Ltd, raised the claim agains

A sheriff has ruled following a fatal accident inquiry that the death of a self-employed Glasgow window cleaner who died after falling off a third-floor window ledge could have been avoided. Kenneth McGready, born 12 October 1950, died while working at a properly on Lansdowne Crescent on 22 Septembe