Case Reports

A dispute concerning the terms of a guarantee agreement between a biogas company that instructed a contractor to build it an anaerobic digestion plant in Aberdeenshire and the contractor’s sub-contractor has been resolved in favour of neither party. Buchan Biogas Ltd contracted with Willi

A property development firm has succeeded in appealing a decision of the Upper Tribunal for Scotland that they were considered the property factors of a building under the Property Factors (Scotland) Act 2011 and were required to comply with the Property Factor Code of Conduct. Proven Prop

An oil and gas group had has its petition for sanction of schemes of arrangement under part 26 of the Companies Act 2006 granted by the Outer House of the Court of Session. Premier Oil plc and Premier Oil UK Limited proposed identical schemes with the same Scheme Creditors,

The widow of a man who died from cardiac arrest the day after he was discharged from hospital has been unsuccessful in an action for damages arising from medical negligence. Jennifer McCulloch, as well as other members of her family, sued Forth Valley Health Boards for the medical negligen

The Outer House of the Court of Session has refused a petition for judicial review of the decision by the Scottish Ministers to issue a call-in notice in respect of a local authority’s decision to implement a proposal to close a rural primary school. Perth and Kinross Council notified the

A man currently detained in a psychiatric hospital has been refused permission to appeal a decision of the Scottish Legal Complaints Commission regarding the service he received from a solicitor. David Lilburn alleged that the solicitor had failed to communicate effectively with him and had fai

An early-years practitioner who was given a Temporary Suspension Order (TSO) after her fitness to practice was called into question has been unsuccessful in challenging the decision. Wendy McLaggan argued that the Scottish Social Services Council was unreasonable in making the order,

The owners of a shopping centre in Cumbernauld have succeeded in a petition for judicial review made against a decision of North Lanarkshire Council to grant planning permission for a major development near Cumbernauld Town Centre. Bridges Antonine LLP argued that the council had erred in their

An advocate who was alleged to have acted inappropriately in commercial proceedings regarding location-based dating apps has succeeded in having one of four complaints made against him quashed, with the other three remaining eligible for investigation. Andrew Smith QC appealed against a decisio

The Inner House of the Court of Session has granted decree of absolvitor to the Chief Constable of Police Scotland for the actions of a police officer towards a member of the public. The original case was brought to the Outer House by a Mrs K, who was found by the Lord Ordinary to be entitled t

The appellant, SJ, was due to appear at trial on three charges. The first was for sexual assault, the second for rape, and the third for perverting the course of justice by disposing of his mobile phone to prevent the police from gaining access to information in it. The appeal was heard by 

A renewable energy firm that was held to be in breach of planning control in respect of a wind farm development has had its appeals to the Inner House of the Court of Session refused. Community Windpower Ltd originally acquired permission to build the development in Moscow, East Ayrshire at a s

A man who was sentenced to six years’ imprisonment for raping a woman in an Edinburgh hotel has had his appeal against conviction refused. Basharat Khan appealed on the ground that the trial judge had misdirected the jury in relation to the adoption of prior statements. A co-accused was a

A man who petitioned for judicial review of the Antisocial Behaviour etc. (Scotland) Act 2004 after being issued with a £40 fixed penalty notice has had his appeal against the refusal of his petition refused. Jordan Queen was issued the penalty by a police officer in 2016 when he was 16 y

The Inner House of the Court of Session has allowed an appeal on how affordable housing units subject to ‘golden share’ provisions ought to be valued for council tax purposes. The Assessor for Lothian Valuation Joint Board appealed a decision of the Lothian Valuation Appea