Case Reports

A limited partner in a Scottish investment fund has succeeded in the first stage of an action of count, reckoning and payment against the partnership and its general partners before the Outer House of the Court of Session. Johann Herberstein believed that the value of his interest in the p

A woman whose doctor negligently led her to believe she was not a carrier of a hereditary disease has had her appeal against a decision that the doctor was not liable for all the costs associated with raising her child refused by the Supreme Court. The appellant, Ms Meadows, gave birth to a chi

The Supreme Court has found that an accounting firm that incorrectly advised a building society that it could use a method of accounting known as “hedge accounting” to handle volatility in certain payments had negligently cost the society £32 million for the cost of ditching the co

A judge in the Outer House of the Court of Session has found that a married couple who were granted refugee status are entitled to a reduction of a decision by the tax authority not to accept their claim for backdated child tax credits. Ali and Saima Adnan were granted refugee status

A Pakistani man who claimed he was at risk of persecution for being gay if he was deported has lost his appeal against a Lord Ordinary’s decision not to allow him an appeal against the decision of an immigration tribunal. The appellant, FI, sought asylum in the UK on the basis that he wou

A judge in the Outer House of the Court of Session has determined that the former executive of a housebuilding company who was made redundant should be entitled to bonus in respect of projects completed after his redundancy. Gavin Loudon was employed by Stewart Milne Group Ltd&nb

Two former residents of a home for the children of seafarers in Rhu, Argyll, have had their actions for damages against the operators of the home dismissed after a judge concluded that it would not be possible for there to be a fair hearing. The anonymous pursuers, B and C, were resid

A man who was run over by a bakery van while he was lying intoxicated in the middle of the road has successfully reclaimed against the decision of the Lord Ordinary that he was not entitled to damages in the Inner House of the Court of Session. Samuel Cameron argued that the reverse onus o

A woman who witnessed the 2014 Glasgow bin lorry crash has failed to appeal a decision of the All-Scotland Sheriff Personal Injury Court that she was not entitled to damages for psychological and psychiatric problems arising from the incident. Danielle Weddle raised the claim against Glasg

A journalist and former diplomat who was found to be in contempt of court for publishing material relating to the trial of former First Minister Alex Salmond has been refused permission by the High Court of Justiciary to appeal his case to the Supreme Court. Craig Murray was found to

A sheriff has determined that a prisoner who died in hospital following an overdose the day after his sentencing did not die as a result of an accident caused by failures in the prison system. Gavin Williamson, who was sentenced to 6 months’ imprisonment and conveyed to HMP Perth the day befor

A judge in the Outer House of the Court of Session has granted a decree of divorce between a Pakistani man and his Scottish wife at the husband’s instance and made a contact order allowing him to meet his young daughter for the first time. The pursuer, SM, asserted that his wife

A Crown appeal by stated case against a sheriff’s decision to uphold a no case to answer submission in a case against a teacher charged with assaulting children with additional support needs has succeeded in the Criminal Division of the Sheriff Appeal Court. The Procurator Fiscal for

An Italian man whose deceased mother was domiciled in Scotland has successfully petitioned the Court of Session for the removal of his brother as an executor of her estate after he began living in her property without consent. The deceased, Ann Sherrede Ciarrocca, had lived in Edinburgh si

An Indian citizen serving a long-term prison sentence for an offence under the Sexual Offences (Scotland) Act 2009 has been unsuccessful in his challenge of a decision of the Scottish Ministers not to release him on licence. Harpreet Singh, who had a live Deportation Order made a