Case Reports

An appeal by a landlord against a payment order for £6,000 under the Tenancy Deposit Schemes (Scotland) Regulations 2011 has been allowed by the Upper Tribunal for Scotland after he successfully argued that he ought to have been given an opportunity to make representations. Appellant Shoukat K

The Sheriff Appeal Court has allowed an appeal against a sheriff’s decision that an application for a financial award by a former cohabitant was made timeously by virtue of being lodged with the sheriff court before the deadline, even if it had not been served on the defender in that period. P

A Glasgow sheriff has dismissed an action by a television production company that sought over £1 million in potential lost profits arising from a TV channel’s decision to cancel a sports magazine show that it produced for it. PLZ Soccer Ltd, which produced 19 episodes of a programme titl

A lord ordinary hearing a judicial review petition by Scottish fishing groups challenging a variation of the economic link licence in relation to Scottish sea fishing has refused a motion for interim interdict seeking to prevent the Scottish Ministers from implementing the decision. The Scottish Fis

A fatal accident inquiry into the deaths of two men at a Scottish hotel has concluded with a recommendation that the Scottish government consider introducing a requirement for historic buildings converted into hotels to have active fire suppression systems installed. Simon Midgley and Richard Dyson

A personal injury sheriff has rejected an expenses motion by a supermarket that successfully defended an action for an award based on the allegedly unreasonable conduct of the pursuer. Decree of absolvitor was granted to Iceland Foods Ltd after pursuer Helen Lennox failed to prove that an injury she

The mother of a disabled man who claimed Glasgow City Council had unlawfully discriminated against her son by refusing to increase the deductions it makes when calculating his charges for the community care services provided to him has had her appeal unanimously dismissed by the Supreme Court, which

Three former shareholders in a medical supply company have succeeded in a commercial action before the Outer House of the Court of Session seeking enforcement of a payment obligation by the share purchaser. The pursuers, Helen Colquhoun (also acting as executor nominate of the late Sheila Parson), E

The High Court of Justiciary has declined to issue a guideline judgment on the issue of sentencing in rape cases after three appeals by the Crown against what it considered to be unduly lenient sentences for three accused convicted of raping their domestic partners. It was argued by the Crown in all

A Lord Ordinary has granted decree for damages to the family of a woman who died in hospital after an attempted suicide after ruling that clinical negligence on the part of the health board that treated her had been established. Violet Paterson, the mother of the deceased Lynette Gibson, as well as

A man convicted under the Domestic Abuse (Scotland) Act 2018 for loitering near the primary school where his child attended while his ex-partner was there to collect her has had his conviction quashed by the Sheriff Appeal Court. Appellant Scotland Walker argued that the trial sheriff had erred in r

A man who was injured while working as an HGV driver has won an appeal in the Sheriff Appeal Court against a sheriff’s decision that the entire matter had been settled following a settlement with one of two defenders. Thomas Ward was employed by ADR Network, the second defender and respondent,

A man who was convicted of stabbing another man at a bus stop outside a high-rise block in Glasgow and sentenced to 10 years’ imprisonment as a result has lost an appeal against his conviction and sentence in the High Court of Justiciary. Richard Gordon was convicted of the attempted murder of

One of the parties charged with, but later acquitted of, fraud in connection with an allegedly fraudulent scheme to acquire Rangers Football Club in 2011 has lost a reclaiming motion challenging the decision of the Lord Ordinary to refuse claims for damages against the Lord Advocate and the Chief Co

The proprietors of a country house and estate near Stirling have lost an appeal against a decision to amend a core path through a Scottish national park to allow the public access through land surrounding their estate. The petitioners, a charity which owned Gartmore House and the surrounding Gartmor