Case Reports

A woman detained at the Royal Edinburgh Hospital subject to a Compulsory Treatment Order has had a petition seeking her discharge from hospital into community care refused by the Outer House of the Court of Session. Petitioner MC, who was detained in low secure conditions in hospital, sought an orde

The Sheriff Appeal Court has recalled an interlocutor dismissing a breach of contract action raised by a son after his father removed him as director of one of their companies and had the business wound up against an implied term of a previous verbal contract between the two. It was averred by Gerar

A judge in the High Court of Justiciary has concluded after an examination of the facts that a man with significant learning difficulties had murdered a woman in West Calder and attempted to conceal the crime by disposing of incriminating effects. The accused, Michael Porchetta, was deemed unfit for

A former soldier has lost an English Court of Appeal challenge against a refusal to allow him an appeal against the decision that a condition that he developed in both his calves after he left the army had not been caused or made worse by his military service. Christopher McCalla, who served in the

A sheriff has ordered a materials processing company to pay just over £58,000 to a civil engineering contractor in respect of an overpayment made during a dispute about volumes of excavated rock at a landfill site after finding that the defender had been unjustly enriched at the pursuer’

A Paisley sheriff has appointed the Chief Social Work Officer of East Renfrewshire Council as the welfare guardian of an elderly woman diagnosed with dementia after finding none of her three children who sought the role would be suitable for it, but appointed one of her sons as her financial guardia

A tennis coach who applied for a tennis co-ordinator position with a Scottish university but did not accept an offer made to him for the post has had an Employment Tribunal claim against the university struck out on the ground that he had no reasonable prospect of success. Claimant Raymond Joseph in

The father of a 14-year old child who was sentenced to an order for lifelong restriction for offences against the child’s mother has successfully petitioned the Court of Session for review of a decision taken at a children’s hearing that he was not a relevant person able to participate i

A commercial judge has extended the administration period of a fashion retailer into its fifth year after a note was lodged by its administrators seeking an additional 12 months to resolve the remaining outstanding tasks of the administration. The joint administrators of PSL2021 Realisations Ltd, fo

A former company director has successfully appealed a sheriff’s preliminary dismissal of an action for payment against a man who agreed in principle to buy his shares in the company he directed and only paid him £1,000 of the intended purchase price. Pursuer and appellant Edward Leishman

The Supreme Court has ruled that a Russian trustee in bankruptcy could not claim a property in London owned by a bankrupt Russian citizen due to the operation of the principle of immoveable property rights being solely determined by the laws of the country they are located in. Appellant Lyubov Kiree

A lord ordinary has allowed a proof in a dispute between the proprietors of two neighbouring properties in Aberfoyle over the boundary between their properties with an accompanying claim of trespass and harassment arising from the removal of a fence and the felling of a large Douglas fir. Pursuer El

The High Court of Justiciary has refused an application under section 103 of the Extradition Act 2003 seeking leave for appeal against the extradition of a Norwegian citizen to face a rape trial in Oslo based on the poor mental health of his current spouse. Applicant RF, a Norwegian citizen, faced c

The Supreme Court has unanimously dismissed an appeal by a bank holding Bills of Lading in respect of a large cargo of coal seeking to overturn a decision that its claim for misdelivery of the goods was time-barred per the international law of transporting goods by sea. Fimbank Plc, the holders of t

The Inner House of the Court of Session has refused a reclaiming motion by a community interest company against a decision to reject a challenge to the Scottish Ministers’ grant of planning permission for a wind farm near a known Scottish wildcat habitat. Wildcat Haven CIC, which opposed the p