Scotland Case Law: Decisions & Judgments

Topic

Legal area

20 May 2026

Solemn Appeal against Sentence by (First) Alan Robert Hush, (Second) Gavin Gerard Cox, (Third) Adam Paul Sharoudi and (Fourth) Gavin John Brown against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 16 (20 May 2026)

Citation

[2026] HCJAC 16

The sentencing judge erred in imposing consecutive sentences for offences that formed part of the same course of criminal conduct. This error resulted in excessive sentences, amounting to a miscarriage of justice. The sentences should be concurrent, and the total periods of imprisonment for each appellant are reduced accordingly to reflect comparative justice and the overall criminal conduct.
- Bribery
- Corruption
- Fraud
- Proceeds of crime
- Sentencing
- Concurrent and consecutive sentences
15 May 2026

Petition of Arbitration Application Number 1 of 2026 (Court of Session) [2026] CSOH 46 (15 May 2026)

Citation

[2026] CSOH 46

Leave to appeal is refused as none of the grounds meet the statutory tests under rule 70(3); the arbitrator was not asked to decide the relevant point, no obvious legal error is demonstrated, and challenges regarding adequacy of reasons or use of historic evidence do not fall within rule 69.
- Appeal on point of law
- Ownership of tenement property
- Interpretation of deeds
- Serious irregularity
- Servitudes
12 May 2026

Martha Magaisa as executrix-dative of the late Tanyaradzwa Magaisa against Lord Stewart of Dirleton KC, the Advocate General for Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 30 (12 May 2026)

Citation

[2026] SACCIV 30

The appeal raises a novel and complex point of law regarding the transmissibility of non-patrimonial claims to executors under section 2 of the 2011 Act, with no binding authority on the issue. The test for remit under section 112(2) of the 2014 Act is met, and it is appropriate to exercise discretion to remit the appeal to the Court of Session for authoritative determination.
- Transmissibility of non-patrimonial claims
- Executor's title to sue
- Statutory interpretation
- Damages (scotland) act 2011
- Remit to court of session
8 May 2026

Nadeem-Ul Casim Haq and others against Graham Pattinson Irvine and others (Court of Session) [2026] CSOH 45 (08 May 2026)

Citation

[2026] CSOH 45

The court found that Abdul Haq was mentally capable, understood the implications of his will, and acted independently when instructing solicitors. There was no credible evidence of undue influence or facility and circumvention by Samina. The will was prepared and executed with independent legal advice, and the process was not tainted by improper pressure. The pursuers failed to discharge the burden of proof required to reduce the will.
- Undue influence
- Facility and circumvention
- Testamentary capacity
- Will reduction
- Independent legal advice
6 May 2026

Application for leave to appeal under section 26 of the Extradition Act 2003 by Krzysztof Romanik against The Lord Advocate for the Polish Judicial Authority (High Court of Justiciary) [2026] HCJAC 15 (06 May 2026)

Citation

[2026] HCJAC 15

None of the appellant's grounds meet the high threshold required to bar extradition; section 21A does not apply to convicted persons, there is no major mental disorder or exceptional circumstances under section 25, and the interference with Article 8 rights is not exceptionally severe or disproportionate given the facts.
- Extradition
- Article 8 echr
- Mental health and extradition
- Proportionality
- Unjust or oppressive extradition
- Passage of time in extradition
5 May 2026

Walter Sim Malcolm and others against Kevin William Paton and another (Sheriff Appeal Court Civil) [2026] SACCIV 28 (05 May 2026)

Citation

[2026] SACCIV 28

The sheriff erred in law by treating the respondents' personal feelings and loss of certainty as material detriment, rather than requiring objective, praedial detriment to the benefited property. The statutory test in section 8(3)(a) was not satisfied; thus, the respondents had no interest to enforce the real burden.
- Real burdens
- Title conditions (scotland) act 2003
- Interest to enforce
- Material detriment
- Interdict
5 May 2026

Ogilvie Construction LTD against M1 Re Glasgow LTD and Ogilvie Construction Ltd against Leach Rhodes Walker Ltd (Court of Session) [2026] CSOH 44 (05 May 2026)

Citation

[2026] CSOH 44

Prescription extinguished all claims except Ogilvie's claim against LRW for the 70mm Design. The prescriptive period commenced when works began and losses were incurred. Remedial works did not constitute relevant acknowledgement under section 10(1). Parties had sufficient awareness of loss, causation, and identity for prescription to run. The amendments to section 11(3) did not alter the established meaning of 'loss, injury or damage' for prescription purposes.
- Prescription of contractual obligations
- Building regulations compliance
- Fire safety standards
- Acknowledgement of debt
- Economic loss
1 May 2026

Reclaiming Motion in the cause Heptagon Portfolio Arbroath LTD against Angus Council (Court of Session)

Citation

[2026] CSIH 22

[2026] CSIH 22
30 Apr 2026

AM against Lothian Health Board (Court of Session)

Citation

[2026] CSOH 42

The Council's decision was not unreasonable or ultra vires, as it was based on material planning considerations and within statutory discretion.
- Planning permission
- Local authority powers
30 Apr 2026

Appeal by Simon Pelosi and others against Lanarkshire Housing Association LTD (Court of Session)

Citation

[2026] CSIH 21

[2026] CSIH 21