Case Reports

A judge has refused an application made by a man accused of committing sexual offences against his wife in which he sought to lead evidence that they had a sexual relationship prior to their marriage. Applicant MJ appeared on an indictment of 15 charges of alleged sexual offending to which section 2

A lord ordinary has reduced three decisions by the Home Secretary that further submissions made by a family of three who fled their home country for fear that the mother would be subjected to female genital mutilation did not amount to a fresh asylum claim. Petitioners A, B, and C, the latter aged s

The High Court of Justiciary has removed nearly two years of a remaining disqualification period from the sentence of a man who killed a pensioner by dangerous driving following a petition to the court for early restoration. James Hilton, aged 32, was imprisoned for four years and two months and dis

A commercial judge in an £85 million action against 12 defenders has repelled pleas by two of the defenders alleging that the Court of Session did not have jurisdiction over the action as directed against them but allowed a plea by another defender seeking to remove itself based on a prorogati

A woman who lost her husband in a road accident in London has successfully claimed for damages against the driver of the lorry he collided with in the High Court of England and Wales, albeit with a reduction in damages for contributory negligence. Louise Palmer, the widow of the late Simon Palmer, r

The Upper Tribunal for Scotland has allowed an appeal by a landlord ordered to pay over £5,000 to her former student tenants after finding that the First-tier Tribunal had inadequate evidence to reach the conclusions it did. Judith Kennard was ordered to pay a total of £5,175 to the five

A lord ordinary has ruled that it would not be equitable to allow an action by a woman seeking damages for rape by a retired policeman acquitted of criminal charges against her and another woman to proceed. Pursuer PW claimed to have been raped by the defender, KM, in January 1995, but did not comme

Two appeals by the pursuer and defender in a dispute over servitude rights over land including a filling station in Ross-shire have been resolved by the Sheriff Appeal Court determining that the defender did not have the servitude rights he claimed to. AC & IC Fraser & Son Ltd initially rais

The Sheriff Appeal Court has refused an appeal against the refusal of a would-be purchaser of land’s counterclaim seeking rectification of two amended agreements to allow him further time to exercise options to purchase. Landowner Luke Wilkes originally raised an action against appellant Edwar

The man convicted of the murder of Emma Caldwell in 2005 has lost an appeal to the High Court of Justiciary against the length of the punishment part of his life sentence given by the trial judge. Iain Packer was convicted of 33 charges, including sexual assaults on nine additional complainers, on 2

The High Court of Justiciary has imposed a fresh sentence on a man who fired a shotgun into a property in Glasgow and later threatened a police officer with a gun after the Crown challenged the original sentence as unduly lenient. David Docherty, who had been imprisoned on other charges since 11 Sep

The English High Court of Justice has struck out an action purporting to bring a representative claim on behalf of passengers of around 116,000 flights with two UK airlines whose flights were cancelled at short notice and who did not receive compensation after determining that the claim was primaril

The Upper Tribunal for Scotland has refused a disabled man permission to appeal against a decision of the First-tier Tribunal that he fell short of the points requirement to merit an award of adult disability payment. Appellant PY, who had appealed to the FTS against a decision by Social Security Sc

The Inner House of the Court of Session has granted decree of absolvitor in a reclaiming motion by an environmental consulting firm sued by multiple persons due to its involvement in a Motherwell housing development built on contaminated land on the basis of res judicata. Pursuer Laura McCluskey was

A Lord Ordinary has allowed a proof in an £800,000 personal injury action raised against a former ambulance technician and the Scottish Ambulance Service under chapter 43 of the Rules of the Court of Session based on alleged abuse committed by the technician against a patient. Pursuer NM raise