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February 14, 2024
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
December 22, 2023
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
December 11, 2023
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
December 8, 2023
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
November 22, 2023
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
October 16, 2023
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
September 27, 2023
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
September 15, 2023
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
August 24, 2023
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
June 28, 2023
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