Case Reports

A reclaiming motion by a local authority challenging the refusal of its counterclaim against an adjudicator’s decision that a Final Certificate of an amount due to a building contractor was not conclusive has been refused by a 2:1 decision in the Inner House of the Court of Session. D McLaughl

A medical student who was unable to receive support from the Student Awards Agency for Scotland (SAAS) due to the circumstances of her residence in the UK has been successful in a petition for judicial review challenging the legality of parts of the Students’ Allowances (Scotland) Regulations

The First-tier Tribunal for Scotland has granted a wrongful termination order under the Private Housing (Tenancies) (Scotland) Act 2016 for payment of £4,800 to a woman who was evicted from an Aberdeen property after being told the property was to be sold. Linzi Catto, the tenant under a priva

An action seeking the rectification of missives concluded in 1995 for the sale of part of a farm steading in Kinross has been allowed by a lord ordinary after a dispute arose between the daughters of the seller and the purchaser as to the extent of the land disponed. Robert Purvis and his wife Isobe

A health board has been granted decree of absolvitor after an action was raised against it by a woman whose baby son was left severely disabled by compression of his umbilical cord. SD, the pursuer, sought damages for the loss, injury and damage caused to her son, LD, which she averred were a conseq

A Lord Ordinary has refused a motion to dismiss a personal injury action raised by a father and son who worked together as window cleaners against the proprietors of three flats in Montrose after injuries resulting from a fall from height. Defenders Nicholas Faulkner and Calum Paton argued that the

The Sheriff Appeal Court has ruled that a child placed under a child protection order before reaching the age of one had a close connection with his father for the purposes of section 67(2)(c) of the Children’s Hearings (Scotland) Act 2011. An appeal was made by JT, the child’s father, a

The Court of Session has allowed an appeal by a landlord seeking declarator that a tenant of their premises at an industrial estate in Aberdeen had not validly exercised a break option in their lease. Ventgrove Ltd sought to have defender Kuehne and Nagel Ltd’s exercise of the break option dec

A woman who was diagnosed with ‘Long Covid’ after being dismissed from a senior HR role at a disability charity has lost a disability discrimination claim before the Employment Tribunal on the basis that she was not disabled at the relevant time for the purpose of the application. Gillia

The European Court of Human Rights has dismissed a discrimination claim brought by an Irish man who was disqualified from receiving a State pension while he served a prison sentence in the country. The claim was based on Article 14 of the European Convention of Human Rights and concerned the operati

A tenant who was awarded £770 by the First-tier Tribunal as compensation after being unable to use parts of her rented property due to dry rot has been awarded an additional £330 after making an appeal to the Upper Tribunal. Appellant Katherine Zhao originally sought £4,000 from he

The Sheriff Appeal Court has refused an appeal by the father of a six-year-old boy with a chronic health condition against a sheriff’s order allowing his mother to relocate to the Republic of Ireland with him following the breakdown of his relationship with her. AD, the defender and appellant,

An Edinburgh taxi driver who was convicted of a statutory offence of making sexual remarks to two young female passengers has had his conviction replaced by one for the common law offence of breach of the peace after appealing to the Sheriff Appeal Court. Faisal Aziz was originally convicted under s

A sheriff has determined that none of an elderly woman’s three daughters should be considered her “nearest relative” for the purposes of the Adults with Incapacity (Scotland) Act 2000 after a dispute arose between the three of them as to who should take the responsibility. An undis

A judge of the Upper Tribunal for Scotland has quashed a First-tier Tribunal decision that a letting agency was in breach of the Letting Agent Code of Practice by not carrying out a check on a prospective tenant’s right to reside in the United Kingdom. Countrywide Residential Lettings Ltd, tra