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Structural engineer not compelled to deliver collateral warranty to building project owner after obligation to contractor extinguished by prescription

A commercial judge has held that a structural engineer hired for an Edinburgh building project could not be compelled to execute and deliver a collateral warranty in favour of the landowner over five years after the conclusion of a contract between the engineer and the project’s contractor in
City Of United Kingdom House Of The Court People Developments Bayne Stevenson Associates Ltd Engine Yard Edinburgh Ltd

Man made tetraplegic after falling from portacabin roof loses occupiers' liability case in Outer House

A lord ordinary has dismissed a personal injury action by an Aberdeen man who fell off the roof of a portacabin and suffered injuries resulting in tetraplegia after finding that his case under occupiers’ liability law was not made out. Pursuer John Davie suffered the injuries after he had gain
United Kingdom John Davie Vinci Energies United Kingdom Holding Ltd House Of The Court Powerteam Electric Services Ltd Session Outer

Outer House rules UK government veto over Holyrood gender reform bill was lawful

A Lord Ordinary has ruled that the UK government acted lawfully in vetoing the Scottish Parliament’s Gender Recognition Reform Bill from receiving lawful assent, after a legal challenge to the block was brought by the Scottish Ministers. It was argued for the petitioners that the preconditions
United Kingdom Lady Haldane Scottish Parliament Gender Recognition Reform United Kingdom Parliament Lord Ordinary Scottish Parliament

Proof allowed in action for lost profits arising from alleged property development site poaching

A lord ordinary has ruled that the assignee of a property development company had a sufficiently relevant case for a proof in an action in which he alleged a fellow director had dishonestly acquired a development site for his own company, resulting in the administration of the company they were both
United Kingdom General United Kingdom Graham Fletcher James Watson Portpatrick Holidays Drummond Miller

Lord ordinary refuses to grant relocation order for Scottish-Latvian children resident in Aberdeen

A family judge in the Court of Session has ruled that a Latvian mother and her two children aged two and four should not relocate from Aberdeen, where the mother held permanent employment, to Glasgow so that the children could be closer to their father. Both the pursuer, M, and the defender, A, held
Glasgow City United Kingdom House Of The Court Session Outer Lord Stuart Outer House

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Former Livingston FC director has claim against him for misappropriation of club money dismissed

A commercial judge has dismissed an action against a former director of a Scottish football club suffering from financial difficulties after it raised an action seeking £148,000 from him on the ground of breach of fiduciary duty. Livingston FC Ltd claimed that Neil Hogarth had misappropriated
Gerard Nixon Gordon Mcdougall Harper Macleod Neil Hogarth Livingston Fc Ltd House Of The Court

Automated prescription collection lockers placed outwith listed pharmaceutical premises ruled lawful by Outer House

A Lord Ordinary has ruled that it is lawful for a pharmacy contractor to install and operate automated prescription collection points from premises not included in their pharmaceutical lists following a judicial review challenging a decision that it was. It was contended by the petitioner, Community
United Kingdom Community Pharmacy Scotland House Of The Court National Health Service Pharmaceutical Services Scotland Regulations Health Boards Of Fife Lord Ordinary

Pharmacy seeking to prevent new pharmacist operating in South Ayrshire village refused judicial review of appeal refusal decision

A lord ordinary has refused a petition for judicial review by a pharmacy business seeking to reduce a rejected appeal against a decision of Ayrshire and Arran Health Board to allow a new pharmacist to operate in the village of Monkton. Burns Pharmacy Ltd, which serviced Monkton from a location in Pr
South Ayrshire United Kingdom Sean Manson Arran Health Board Burns Pharmacy Ltd Board Pharmacy Practices Committee

Lord Ordinary orders rehearing for criminal injuries compensation case arising from sexual assaults in the 1980s

A Lord Ordinary has ordered a tribunal to rehear the application of a 50-year-old man whose claim for criminal injuries compensation in respect of sexual assaults committed against him in the 1980s was refused. Petitioner DM argued that the First-tier Tribunal’s Social Entitlement Chamber had
United Kingdom Injuries Compensation Authority Tribunal Social Entitlement Chamber United Kingdom Supreme Court Lord Ordinary Session Outer

Renfrewshire landlord removed from register succeeds in petition challenging lawfulness of Upper Tribunal decision to uphold removal

A private landlord who was removed from the landlord register because her local authority did not consider her a fit and proper person has successfully petitioned for judicial review of an Upper Tribunal decision upholding that decision. Petitioner Anu Sharma argued that the “fit and proper pe
United Kingdom Lady Carmichael Renfrewshire Council Upper Tribunal Session Outer Manu Sharma

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