Case Reports

The Inner House of the Court of Session has refused a reclaiming motion by a building firm against a decision that a sub-contractor’s claim for damages from a wrongful interdict granted over five years ago had not been extinguished by negative prescription, and ordered a proof limited to quant

A lord ordinary has reduced a purported agricultural lease ope exceptionis under which a farming family claimed to occupy a farm subject to a defaulted secured loan and rejected a claim by the family seeking reduction of a sheriff court decree ordering the removal of the occupants of the farm. Dunca

A Dundee sheriff has found that a supplier of temporary care home workers had successfully imposed its terms and conditions in a contract with a care home operator and was entitled to over £30,000 of outstanding payments for booked workers. Pursuer Staffscanner Ltd supplied temporary healthcar

A tax advisory company has lost a claim raised against a fruit and vegetable wholesaler that engaged its services after a sheriff ruled that a purported £9,600 “cancellation fee” said to be part of the company’s standard terms had not been incorporated into the contract betwe

A Glasgow sheriff hearing a defamation action raised by a restaurant operator has ruled that an ordinary reader of comments posted online by a trade union about a wage change by the company would understand that the employees’ wages were being reduced. Ashton Properties (Glasgow) Ltd alleged t

The owner of an Edinburgh rental property who was charged two months of council tax for a period in which the bathroom was undergoing significant repair has lost an appeal against the Local Taxation Chamber of the First-tier Tribunal for Scotland’s decision to uphold the refusal of his applica

A lord ordinary has ruled that the employer of a demolition worker was not liable for the amputation of his right leg below the knee following a job in which his toes became infected due to a failure to establish causation. Joseph McIlwraith, who was diabetic and thus susceptible to requiring an amp

The Court of Appeal has refused an appeal against the dismissal of a telecom company’s application for an interim injunction in an ongoing patent licensing dispute between itself and another company in a related industry. Motorola Mobility LLC and Lenovo (United States) Inc (collectively refer

An employment tribunal has awarded a man over £21,000 after finding he was unfairly dismissed from his employment with the Royal British Legion Scotland’s Arbroath and District Branch after making a protected disclosure about health and safety concerns at the bar he worked in. It was fur

The UK Supreme Court has dismissed an appeal by the company that supplies referees and other match officials in top-level UK football competitions against an Upper Tribunal decision that parts of a dispute between it and HM Revenue and Customs required to be re-heard before the First-tier Tribunal.

A commercial judge has directed that an administration process for a company registered in Luxembourg but with its principal asset comprising a long lease of commercial premises in Scotland should be regarded as ancillary to a primary insolvency process already underway in Luxembourg. Stuart Preston

A woman who had a placement request for her child with additional support needs refused by her local authority had successfully had an appeal against the refusal remitted for reconsideration to the First-tier Tribunal for Scotland’s Health and Education Chamber. Appellant JH, whose younger son

The High Court of Justiciary has added three years to the sentence of a 27-year-old man convicted of four charges of rape against two former partners after a Crown appeal against his sentence. Respondent CM was given an in cumulo sentence of six years’ imprisonment by the trial judge on 27 May

A commercial judge has ordered a company to produce a full account of its sales of can and actuator products between October 2022 and December 2023 to allow another company to determine the royalties due to it from patent licences it granted. Pursuer Rocep-Lusol Holdings Ltd sought accounting from L

A lord ordinary has repelled submissions by a Scottish NHS Board that it had not waived privilege in respect of documents it lodged with the court in a legal dispute with a service provider over the abandonment of a public procurement process for laboratory services. Roche Diagnostics Ltd sought dec