Case Reports

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

The Sheriff Appeal Court has refused an appeal by a property developer against a sheriff’s decision that he was obliged to discharge a standard security granted over a site in an Aberdeen suburb he sought to develop alongside its original owner. Appellant Daniel Donald, the defender in an acti

A 64-year-old man who was imprisoned for life after he murdered his long-term partner in front of their teenage daughter has had the punishment part of his sentence reduced after an appeal to the High Court of Justiciary. Colin Kennedy was convicted of the murder of Catherine Stewart on 7 August 202

A sheriff has awarded a Glasgow motorist who was struck from behind at a junction the sum of £3,144 in damages after finding that she had suffered neck pain for four months following the accident. Farheen Ackrim sought damages from UK Insurance Ltd after she sustained a soft tissue injury from

A lord ordinary has allowed a proof in the case of a man who sought damages from the police after he was charged with the crime of stalking but ultimately was not tried for the offence. Brian MacGregor claimed that a Standard Prosecution Report prepared by the police was deliberately false and misle

A mother who sought the summary return of her 11-year-old child to Poland after she was taken by her father to the UK without warning has successfully applied to the High Court of England and Wales for an order that she be returned. F, the applicant, argued that the respondent G had failed to establ

A former local authority employee who was dismissed after taking a long period of absence following complaints he made about health and safety practices at his workplace has lost an Employment Appeal Tribunal challenge to the dismissal of his application due to time bar. Paul Douglas was employed as

A woman who purchased a $4.1 million penthouse apartment in the Bahamas, the title document for which indicated it was smaller than it was, has lost an appeal to the Judicial Board of the Privy Council in an action seeking a declaration she had validly rescinded the contract and repayment of her dep

An Edinburgh woman who made an out of catchment placement request for her child after they were bullied at their secondary school has lost a Sheriff Court appeal against the refusal of the request by her local education authority. The pursuer, N, had previously had an appeal heard by the City of Edi

An appeal under section 74 of the Criminal Procedure (Scotland) Act 1995 by a man accused of rape against a preliminary hearing judge’s decision to reconsider and then reject an application to lead evidence of a complainer’s previous theft convictions has been refused by the High Court o

A woman detained at the Royal Edinburgh Hospital subject to a Compulsory Treatment Order has had a petition seeking her discharge from hospital into community care refused by the Outer House of the Court of Session. Petitioner MC, who was detained in low secure conditions in hospital, sought an orde

The Sheriff Appeal Court has recalled an interlocutor dismissing a breach of contract action raised by a son after his father removed him as director of one of their companies and had the business wound up against an implied term of a previous verbal contract between the two. It was averred by Gerar

A judge in the High Court of Justiciary has concluded after an examination of the facts that a man with significant learning difficulties had murdered a woman in West Calder and attempted to conceal the crime by disposing of incriminating effects. The accused, Michael Porchetta, was deemed unfit for

A former soldier has lost an English Court of Appeal challenge against a refusal to allow him an appeal against the decision that a condition that he developed in both his calves after he left the army had not been caused or made worse by his military service. Christopher McCalla, who served in the

A sheriff has ordered a materials processing company to pay just over £58,000 to a civil engineering contractor in respect of an overpayment made during a dispute about volumes of excavated rock at a landfill site after finding that the defender had been unjustly enriched at the pursuer’