Case archive



Sheriff Personal Injury Court rules ‘online travel agent’ deal could be considered a package holiday 

A woman who was injured during a two-week holiday to Turkey has successfully established that consumer regulations on the provision of package holidays applied to the booking she made with an ‘online travel agent’ for flights, accommodation, and hotel transfer. 

Sheriff Court 23 December 2020

Outer House rules no servitude exists between 300+ year-old Fife coastal homes

The proprietor of a 350-year-old coastal home in Fife has failed to establish the existence of a servitude right of access over a strip of land within the curtilage of a neighbouring property, either by prescription or by necessity.

Court of Session Outer House 22 December 2020

Edinburgh man has ‘mouth punch’ culpable homicide appeal upheld 

The High Court of Justiciary has allowed an appeal by an Edinburgh man against his conviction for culpable homicide after he argued that the trial judge had misdirected the jury in relation to the definition of the offence. 

Appeal Court of the High Court of Justiciary 21 December 2020

Sheriff Appeal Court refuses appeal against permanence order by recovering alcoholic mother

The Sheriff Appeal Court (Civil Division) has refused an appeal by a mother against the decision to grant a permanence order in respect of her 10-year-old son, Z, to allow him to stay with his maternal grandparents.

Sheriff Appeal Court 18 December 2020

German artist whose vehicle was unlawfully auctioned by Welsh police awarded £36,500 in damages

An English judge has awarded a German artist £36,500 in damages after her vehicle was unlawfully sold by Welsh police before she was able to recover it.

England and Wales High Court 17 December 2020

Outer House dismisses landfill operator’s action to recover unpaid waste tax from contractor 

A waste disposal and landfill operator that sought payment under a tax statute from a contracting company for not paying the correct amount of tax on hazardous waste material it sent has failed to obtain an order for payment. 

Court of Session Outer House 16 December 2020

Glasgow fiscal successfully challenges decision to abandon sexual assault trial

A Bill of Advocation by the Procurator Fiscal, Glasgow challenging the refusal of a sheriff’s motion to adjourn a trial to secure the attendance of an essential witness has succeeded in the Sheriff Appeal Court (Criminal Division).

Sheriff Appeal Court 15 December 2020

ECtHR: No breach of human rights for symphysiotomy victims in Ireland

The European Court of Human Rights has rejected the applications of three symphysiotomy victims in Ireland as being “manifestly ill-founded”.

European Court of Human Rights 14 December 2020

Edinburgh hospitality businesses fail in challenge to continuation of Level 3 Covid-19 restrictions

The Outer House of the Court of Session has rejected a petition for judicial review by six hospitality businesses and a commercial let operator in Edinburgh challenging the Scottish Ministers’ decision to continue the operation of Level 3 Covid-19 restrictions in the city. 

Court of Session Outer House 14 December 2020

Dentist who concealed medical condition for six years loses appeal against removal from register

A former dentist who was removed from the register for failing to disclose a viral medical condition he was diagnosed with in 2010 has lost his appeal against the decision of the General Dental Council.

Court of Session Inner House 8 December 2020

High Court holds motorist could not pervert the course of justice by giving ‘deer’ defence

The High Court of Justiciary has determined that a man who was charged with causing two deaths by dangerous driving could not also be charged with perverting the course of justice by stating his defence to the charge.

High Court of Justiciary 11 December 2020

Sheriff Appeal Court increases sentence discounts in Elgin drink driving appeals

The Sheriff Appeal Court (Criminal Division) has allowed separate appeals by two men convicted of drink driving against the length of their respective driving bans.

Sheriff Appeal Court 10 December 2020

South African who cared for sick British mother refused deportation appeal

A South African national who challenged his deportation from the UK on the ground that he was required to look after his mother has had his petition challenging the decision of the Upper Tribunal not to allow him an appeal refused.

Court of Session Outer House 9 December 2020

Outer House dismisses $210m damages action alleging conspiracy to breach fiduciary duty

A man who claimed $210 million in damages for loss said to have been suffered partially because of a conspiracy to facilitate a breach of fiduciary duty by a solicitor has had his action dismissed in the Outer House of the Court of Session.

Court of Session Outer House 7 December 2020

English High Court allows review of custody time limit extension decision, refuses another 

The English High Court of Justice (Queen’s Bench Division) has granted judicial review of a judge’s decision not to extend the custody time limit (CTL) for a suspected drug dealer, but refused to allow a review challenging an extension for a teenager accused of perverting the course of justice. 

England and Wales High Court 4 December 2020