Mitchell Skilling

The Sheriff Appeal Court has overturned a sheriff’s decision that the erection of a wall and gate wholly within the bounds of a couple’s residential property in Motherwell caused sufficient detriment to allow their neighbours to enforce a real burden imposed on properties in the developm

A personal injury sheriff has dismissed an action by a tenant alleging that damp and mould in her rental property triggered her asymptomatic asthma after finding that no evidence had been led supporting her claim that the landlord’s failure to maintain the property had resulted in her conditio

The Sheriff Appeal Court has refused an appeal in a dispute between a separated married couple over division and sale of the matrimonial home after upholding a sheriff’s decision that the wife could not rely on section 19 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 to rema

Three sheriffs principal in the Sheriff Appeal Court have granted a motion to remit an appeal to the Court of Session in a non-patrimonial loss case raised by the mother of an allegedly unlawfully detained migrant after finding that the case raised issues beyond the scope of the dispute for which th

An application seeking permission to appeal an arbitrator’s decision in an encroachment dispute between two vertically adjacent flats in Glasgow has been refused by a lord ordinary after he concluded that no error could be found in the arbitrator’s approach. It was argued by the petition

The Court of Appeal of England Wales has refused an appeal by a company that owned forest land in Cumbria against a successful judicial review of a decision not to confirm an order creating 18 new public footpaths through the woods after finding that the High Court judge was correct to find errors i

A prize-winning dog trainer who was badly bitten by an aggressive working Collie while assessing him to determine whether he was suitable for training has lost a personal injury claim against the dog’s owners after a sheriff found he had accepted the risk of proceeding with the assessment. Bar

A personal injury sheriff has granted decree of absolvitor in an action by a retired boiler fitter seeking damages from his former employer for alleged hearing loss after determining that his loss of hearing was attributable to age and not to any injury suffered during his employment. John Pollock r

The Sheriff Appeal Court has dismissed an appeal against a sheriff’s refusal to allow a pursuer to amend proceedings against a loan provider arising from alleged misrepresentations by a solar panel installer to add his wife as a party, after ruling that she was correct to conclude that the pro

The Inner House of the Court of Session has ruled that a failure to proceed with a scheme for the renovation and leasing of a former nursing home in Paisley after the land was sold to a third party created a resulting trust in favour of the investors who had paid into a bank account set up in connec