Case Reports

The High Court of Justiciary has answered in the negative two questions relating to whether the Crown had acted unlawfully in the separate prosecution of two teenagers in Dundee Sheriff Court by acting in a manner said to be unlawful under the United Nations Convention on the Rights of the Child (I

A sheriff has determined that the deaths of two young people in a young offenders institution in Falkirk could have been avoided if reasonable precautions had been taken, and made 25 recommendations to improve the Scottish Prison Service. Katie Allan and William Brown, aged 21 and 16 respectively, b

A judge in the Outer House of the Court of Session has determined that an Icelandic woman who was divorced from her husband by decree in absence in Dunfermline Sheriff Court in 2021 was entitled to have that decree reduced. Linda Hafthorsdotir sought to reduce her divorce from Bjarni Eyvindsson, aft

The Inner House of the Court of Session has refused an appeal against a lord ordinary’s decision to refuse to reduce a decision of Glasgow City Council not to conduct an Environmental Impact Assessment in respect of the demolition of four tower blocks in Maryhill. Petitioner and reclaimer Caz

A commercial judge has disqualified a man from acting as a company director for seven years after finding he had used illegal migrant workers as the majority of the workforce of his takeaway business while he was director. Qiqing was made the subject of a petition for a disqualification order by the

The Sheriff Appeal Court has allowed an appeal by a woman who successfully defended her case against a private car park operator that sought £6,370 in unpaid parking charges from her in respect of the sheriff’s decision that she was liable for the pursuer’s expenses, but only to th

A judicial review challenge against a decision of Glasgow City Council to issue a certificate of lawful proposed use or development in relation to a fence intended to be erected around a football pitch in a park has been refused by the Court of Session. Petitioner Gregory Brown sought declarator tha

A former landlord who alleged that his tenants had stolen a set of shutters and failed to pay for replacement carpets has been refused permission to appeal his two cases against them to the Upper Tribunal for Scotland after it upheld the First-tier Tribunal’s decision in both cases that no los

A sheriff has concluded that the death of a soldier who died after his sniper rifle discharged at his head while he was holding it could have been avoided if normal procedures for the unloading of rifles had been carried out following a shooting drill earlier that day, however no defects in any syst

A forklift driver who was constructively dismissed from his role with a whisky distiller and obtained just under £13,000 in awards has lost on most of his points in an appeal against an employment tribunal’s decision not to order his reinstatement and what he considered to be too low an

The Employment Appeal Tribunal has quashed an employment tribunal’s order to reinstate an employee of the British Council whom it dismissed after it was alleged that he had sexually touched an employee of the British Embassy in Italy at a social event in his flat. Paul Sellers raised a claim o

An appeal by two company directors against a sheriff’s decision they had acted unfairly towards a former director who was dismissed unilaterally after a period of serious illness has been refused by the Sheriff Appeal Court. Pursuer and respondent Stephen Miller originally raised the action ag

An Inverness GP who sought reduction of a sheriff’s determination that the death of a young child may have been avoided had she referred her to a paediatric unit in 2019 has had a judicial review petition to that effect refused. Karen Duncan argued that the sheriff had misdirected herself in l

An appeal to the Sheriff Appeal Court by a supermarket after one of its customers at a West Dunbartonshire store was awarded £9,500 after tripping on a mat at the exit of the store has been refused after the court found that the sheriff had correctly applied the maxim of res ipsa loquitur. Pur

A sheriff has imposed a three-month anti-social behaviour order on the tenant of a council flat in East Kilbride after finding he had acted aggressively towards his neighbours and threatened a member of the council’s staff over the phone. South Lanarkshire Council applied for an order in respe