Case archive

Court to consider fair hearing defence as woman sues stepfather’s estate over historical sex abuse allegations

A woman who claimed she was repeatedly raped by her late stepfather is suing the executor of his estate for damages in a landmark case.

Sheriff Court 15 January 2020

Personal Injury Court issues guidance on motions for sanction for employment of counsel

The All-Scotland Sheriff Personal Injury Court has issued a judgment to give some guidance on motions for certification of skilled persons and sanction for the employment of counsel made under new court rules introduced in 2019. Sheriff Kenneth McGowan said the terms of motions should reflect “as

Sheriff Court 10 January 2020

Court grants ‘guardianship order’ to protect vulnerable adult teenager despite opposition

A vulnerable adult teenager whose life has been characterised by “chaos, abuse and neglect” has been made the subject of a court order to protect her welfare following an application by a Scottish local authority.

Sheriff Court 18 December 2019

Sheriff issues reasons for rejecting human rights challenge to re-routing of Loyalist marches

A sheriff has published his reasons for refusing an appeal by Loyalist groups against a Scottish local authority’s decision to change the routes of its marches to avoid Catholic churches.

Sheriff Court 18 October 2019

Party litigants’ damages claim in medical negligence action dismissed as ‘irrelevant’ 

A patient who sued his local health service over alleged failures in diagnosis and treatment of symptoms affecting his right leg and foot has had a damages claim dismissed.

Sheriff Court 26 August 2019

Mother of girl with selective mutism unsuccessful in obtaining order to relocate her to Germany

The mother of a child with selective mutism has been unsuccessful in establishing that it would be in the child’s best interests to relocate to her native Germany and have that be the child's principal residence.

Sheriff Court 6 August 2019

Councillor suspended for making inappropriate remarks to man seeking renewal of licence has appeal against suspension refused

A councillor suspended for making inappropriate remarks to a man seeking to renew his taxi licence has had his appeal against suspension refused by a court, in a case providing that when acting in a quasi-judicial capacity the enhanced protection afforded politicians to make political comment, under the European Convention on Human Rights, is less likely to be engaged.

Sheriff Court 2 August 2019

Crofting couple’s damages claim for neighbours’ bull’s impregnation of pedigree cow dismissed

A Hebridean crofting couple who raised an action for damages after a neighbours’ bull strayed onto their land and impregnated their pedigree cow have had their claim dismissed.

Sheriff Court 31 July 2019

Teacher’s damages claim for ‘psychiatric injury’ after being ‘excluded’ from school dismissed

A teacher who was “excluded” from a school after raising a personal injury action against a Scottish local authority following a fall at work, and then sought damages for a “depressive illness” he sustained as a result, has had his claim for “psychiatric injury” dismissed.

Sheriff Court 22 July 2019

£10,000 damages claim over ‘unlawful’ refusal to release prisoner on home detention curfew dismissed 

A short-term prisoner who claimed that a decision not to release him on a home detention curfew licence breached his human rights has had an action for £10,000 damages dismissed.

Sheriff Court 20 June 2019

Man accused of grooming girl online wins human rights challenge against extradition to USA

A man accused of inducing a 14-year-old American girl to send him naked pictures of herself and enticing her to carry out sexual acts over the internet will not be extradited from Scotland to the United States.

Sheriff Court 4 June 2019

Student who witnessed aftermath of Glasgow bin lorry crash fails in damages claim for ‘mental harm’

A student who was diagnosed with post-traumatic stress disorder following the Glasgow bin lorry crash has had a claim for damages refused.

Sheriff Court 29 May 2019

Evidence obtained from ‘paedophile hunters’ inadmissible as conduct amounted to ‘fraud’

A man accused of “sexting” people he believed to be children has successfully challenged the Crown’s bid to lead evidence gathered by a pair of so-called “paedophile hunters”.

Sheriff Court 24 May 2019

Simple procedure claim for delivery of £30,000 car dismissed as ‘incompetent’

A simple procedure claim cannot be combined with another action where the value exceeds £5,000, a sheriff has ruled.

Sheriff Court 14 May 2019

Extradition to Poland would not breach right to a fair trial despite ‘breakdown in rule of law’, sheriff rules

A Polish national convicted of a series of offences and accused of other crimes in his home country who claimed that extradition to Poland would breach his human rights has had his legal challenge dismissed in a test case.

Sheriff Court 7 May 2019