Case Reports

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

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