Register | Login
CASECHECK CASECHECK
CaseCheck(tm) Case Reports
Below are our most recent case summaries of Scottish Courts case reports, Employment Appeal Tribunal Decisions, Employment Tribunal decisions and House of Lords decisions. Please use the links on the left to access the case reports case summaries by case type. The CaseChecktm Scottish Courts,  Employment Tribunal summaries and House of Lords summaries can also be searched using our case reports search facility. The case reports search facility is available to registered users.
 
Where possible we have linked our case summaries to the corresponding judgment on the Scottish Courts Website or Bailii

**All information pertaining to the Scottish Courts Judgements remains the subject of crown copyright but may be reproduced without formal permission or charge for personal or in-house use.

Planning
Select Your Region: Scotland  England and Wales  UK  Northern Ireland  Europe  All
Selected Region: All
By Stephen Moore on 11/03/2010 17:09
The Appellant was one of five local residents who applied under Section 15 of the Commons Act 2006 (‘the 2006 Act’) to have a piece of land in the town of Redcar registered as a town or village green. When land is successfully registered as a town or village green under the 2006 Act, the inhabitants of the locality concerned are entitled to exercise ‘lawful sports and pastimes’ over the land, such as walking, or playing informal games. Registration typically prevents deve ...
By Stephen Moore on 12/01/2010 16:22
The decision in this case relates to the controversial proposal by Donald Trump to construct an international golf resort in Aberdeenshire.  The original application was made to Aberdeenshire Council but when it appeared likely that the “Planning Committee” of the Council would refuse planning permission the application was called in by Scottish Ministers for their determination.  Following upon a 4 week inquiry planning permission was granted in December 2008.  That ...
By Stephen Moore on 06/01/2010 16:22
This case was brought by Penelope Uprichard and sought to challenge under the planning legislation a decision of Fife Council to grant planning permission for the installation of 28 parking meters at various locations throughout St Andrews. It is not clear whether while the case was brought under the planning legislation, in reality was as much a challenge to the system of parking regulation. The parking meters replaced an earlier voucher parking system.
By Stephen Moore on 10/11/2009 09:05
This case concerns an application for judicial review by Sainsbury’s in relation to a decision of Perth & Kinross Council.  The facts are complicated but the judge made some interesting observations of general relevance. Murray Shaw, planning expert and Chairman of Biggart Baillie added his comment to this report as detailed below. In this video he explains why this decisions is an interesting one.
By Biggart Planning on 25/06/2009 07:40
Section 75 Agreements are often integral to the grant of planning permission.  Typically they will be negotiated by the developer who at the time the Section 75 Agreement falls to be signed is not the land owner.  The relevant Option Agreement or missives will usually make provision for the land owner to be bound to enter into the Section 75 Agreement. This case is an interesting example of where that approach may go wrong and it is therefore of considerable interest because the app ...
By Euan A. Dow on 20/05/2009 09:46
Appeal under the Town and Country Planning Act 2007:- Here the council appealed under section 239 of the Town and Country Planning (Scotland) Act 2007 against a decision by a reporter appointed by the Scottish Ministers to allow a planning appeal by a Dr PH Campbell against the refusal by the council of his application for outline planning permission. The application was dated 17 April 2007 and was refused by the council on 20 August 2007. The reporter decided the appeal on 22 January 2008. It w ...
By Euan A. Dow on 25/03/2009 17:13
On 10 April 2003 the appellant applied to the Scottish Borders Council for planning permission for twelve wind turbines to be erected in Peebleshire. On 6 June 2008 the appellant appealed to the respondents against the failure of the Scottish Borders Council to determine their application. By letter dated 12 June 2008 the respondents notified the appellant that it appeared to them that the appeal was out of time and by a letter dated 9 July 2008 they refused to consider the appeal. Here the appe ...
By Euan A. Dow on 18/03/2009 14:52
Reclaiming Motion:- On 19 April 2007 the Lord Ordinary refused the reclaimers' appeal under section 29 of the Land Compensation (Scotland) Act 1963 against a decision of the respondents. That decision had been made on an appeal lodged by the reclaimers against the decision of East Dunbartonshire Council to issue a certificate of appropriate alternative development in respect of an area of land on the western edge of the village of Torrance. Here the reclaimers sought review of the interlocutor o ...
By Stephen Moore on 12/03/2009 17:02
The pursuers and appellants are a firm of house builders who in 2001 were engaged in a private housing development adjacent to Holly Road, Leven, Fife. The development required the building of new roads which at one point linked up with the existing thoroughfare at Holly Road. The defenders and respondents are the relevant roads authority and the appellants required to obtain a construction consent from them to build the roads within the development.
By Euan A. Dow on 05/03/2009 13:43
In this petition for judicial review the petitioner, the owner of the land in question, sought declarator that an area of land on the edge of a village in Dumfriesshire, was not a "road" capable of being added by the respondents to their list of public roads under section 16 of the Roads (Scotland) Act 1984. It was submitted on behalf of the petitioner that the expression "public right of passage", as used in the 1984 Act, referred to the public right of passage recognised by the common law of S ...
1 2 3
Latest Jobs
Para-Legal, Aberdeen - An opportunity has arisen for a Paralegal in a well respected legal organisation in Aberdeen By Michael Page International (11/03/10) ... more

In House Litigation Lawyer, Edinburgh - Leading FS organisation is looking to appoint an in house litigation lawyer in Edinburgh to deal with arange of contentious work By Michael Page International (11/03/10) ... more

In-House Supply Chain, Aberdeen (AC09460) - International Oil and Gas Operator require a supply chain lawyer to join their dynamic team. You must possess previous supply chain experience from the oil and gas industry and this represents an excellent opportunity to progress. By Thorpe Molloy (04/03/10) ... more

Residential Property Solicitor, Aberdeen (AC09441) - Leading Aberdeen practice require an experienced residential property solicitor, ideally with a client following, to join their team. You must possess a strong background in residential property work, preferably in the Aberdeen area and there are excellent prospects on offer with this respected firm. By Thorpe Molloy (25/02/10) ... more

Oil and Gas Solicitor, Aberdeen (AC09444) - Leading national law firm currently require an additional oil and gas lawyer to operate from their Aberdeen office. You must possess previous upstream oil and gas experience and the role will involve working on a range of upstream oil and gas transactions for the firm’s extensive client base. Excellent long term career prospects on offer together with an attractive package. By Thorpe Molloy (25/02/10) ... more

Contentious Construction lawyer, Edinburgh - The role will involve all areas of contentious construction, and allow the successful candidate to become involved with business development and further client relationships. By Michael Page International (18/02/10) ... more

Interim In House Solicitor, Edinburgh - The role will involve all areas of investment management from assistance with product development and regulatory legal issues to general commercial legal drafting, negotiation and transactional work. By Michael Page International (11/02/10) ... more

Case Investigations Manager & Gateway Team Manager, Edinburgh - Scottish Legal Complaints Commission. We are looking for people with the vision, determination and drive to form a key part of our management team and lead our people, achieve objectives and play a central role in making a real impact for the people of Scotland. By Michael Page International (03/02/10) ... more

Employment Associate/Partner, Edinburgh - This is an excellent role for either a Senior Associate or a partner in an existing practice, covering both contentious and non contentious Employment matters, and potentially related issues. By Michael Page International (28/01/10) ... more

Commercial Property Solicitor, Aberdeen (AC09370) - Dynamic Aberdeen practice firm require a Commercial Property solicitor to supplement their existing team. By Thorpe Molloy (28/01/10) ... more

Show Articles Published:
Range From
Range From
 
CaseCheck Limited can be contacted at First Floor, George House, 36 North Hanover Street, Glasgow, G1 2AD, 0845 620 5664, info@casecheck.co.uk
CaseCheck(tm) is brought to you by CaseCheck Limited, Registered in Scotland No. SC325811.We take our job seriously and for this reason we respect your privacy, your data and the use you make of our site.   This work by CaseCheck Limited is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 UK: Scotland License Creative Commons License. Please take a moment to read our legal notices: Disclaimer/Copyright Notice, Terms and Conditions, Privacy Policy.
This content is made available by CaseCheck Limited under a Creative Commons Licence