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Scotland decisions
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Alan McCoubrey against Park's of Hamilton (Townhead Garage) Limited (Sheriff Court Civil) [2026] SCCAMP 29 (25 January 2026)
Sheriff Court action over a used Mercedes-Benz failed. The court held the vehicle was of satisfactory quality at delivery and that engine failure was caused by low oil after sale.
Paul Hopkinson against Black Horse Ltd (Sheriff Appeal Court Civil) [2025] SACCIV 43 (07 November 2025)
Appeal refused in a consumer hire-purchase dispute over a BMW X1. The court held the appellant had not proved the car lacked durability at delivery.
Kingsley Aigbe against Scottish Social Services Council (Sheriff Court Civil) [2026] SCDUN 5 (17 October 2025)
Sheriff Niven-Smith refused an appeal against a fitness-to-practise removal order, holding the panel was entitled to accept corroborated parts of a witness’s evidence.
Appeal against Conviction by Choon Seng Gan against HMA (High Court of Justiciary) [2025] HCJAC 32 (01 August 2025)
The Appeal Court upheld a conviction for being concerned in supplying cannabis, holding the jury directions were adequate and that no miscarriage arose from omitting a section 28 direction.
Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil) [2025] SACCIV 21 (16 July 2025)
The Sheriff Appeal Court refused DS’s appeal but allowed NHS Grampian’s cross-appeal, holding the radiologist was not negligent and causation was not proved.
Application by David Little against HMA (High Court of Justiciary) [2025] HCJAC 17 (17 January 2025)
The Appeal Court refused to reinstate a challenge to jury directions on reasonable belief in consent under the Sexual Offences (Scotland) Act 2009.
Graham David Whamond and another against Eliasz Szczepan Klasa and another (Sheriff Court Civil) [2024] SCFOR 46 (04 November 2024)
The sheriff held that the pursuers had an implied servitude of drainage over the defenders’ land, but rejected prescription because the old tank was abandoned in 2016.
Linda Hastings for an order in terms of section 212 of the Insolvency Act 1986 (Sheriff Court Civil) [2024] SCKIR 52 (21 October 2024)
The sheriff held that a section 212 Insolvency Act application was relevant and gave fair notice, and that the respondents had to account for company property.
APPEAL UNDER SECTION 239 OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 BY PATRICK EDWARDSON AGAINST THE SCOTTISH MINISTERS [2023] ScotCS CSIH_45 (19 December 2023)
The Inner House allowed a planning appeal, holding that the reporter misdirected himself on substantial completion and failed to consider material evidence about a motocross track.
ASHTENNE CALEDONIA LTD AGAINST DENNY ENTERPRISES INT'L LTD [2023] ScotCS CSOH_20 (08 March 2023)
The Court of Session repelled objections in a dilapidations dispute, holding that a Scott Schedule item did not shift the burden of proof on asbestos compliance.
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