Case Reports

An Aberdeen sheriff conducting a fatal accident inquiry into the death of a gamekeeper who was thrown from an ATV following a collision has concluded that his death could have been avoided if the shoot scheduled for the day had been cancelled in light of Storm Malik and he had been wearing a seatbel

A man who bought a “cloned” car and successfully recovered the purchase price from the seller via a simple procedure claim has lost an appeal against the dismissal of a second claim in respect of other losses connected with the vehicle, after the Sheriff Appeal Court concurred with the s

The Outer House of the Court of Session has declared that Scottish Prison Service guidance permitting trans women to be accommodated in the female prison estate is unlawful following a petition for judicial review, after concluding that the guidance conflicted with a statutory requirement to provide

The Inner House of the Court of Session has recalled a lord ordinary’s declaration that the lord advocate’s immunity from liability in summary proceedings was incompatible with Article 6 ECHR in a malicious prosecution case arising from a journalist’s video commentary on the Alex S

A sheriff principal has refused an application by a sequestrated shop tenant for permission to appeal to the Court of Session after his case against his landlords for payment was held to have prescribed, after finding that none of the grounds of further appeal he advanced had any prospect of success

The Inner House of the Court of Session has refused an appeal under section 239 of the Town and Country Planning (Scotland) Act 1997 against a decision of a reporter for the Scottish ministers to grant planning permission to extend quarrying operations in an area where one of its pipelines ran and r

The High Court of Justiciary has more than doubled the custodial sentence of a man who along with another detained an individual in a property and repeatedly struck him with knives and improvised weapons after a Crown appeal against the sentence’s leniency, after finding that the trial judge&r

The landowner of a sporting estate in the Borders has lost an appeal in the Sheriff Appeal Court against a decision to exclude six of its eight heads of claim in a £1 million action arising from the early termination of a shooting lease after the court agreed with the sheriff that most of the

A lord ordinary hearing a “wrongful birth” case has found that the father of a child with Down’s syndrome who would not have been born but for the negligence of a medical board that failed to comply with the mother’s requests for abnormality screening tests was entitled to da

A woman co-accused of murder and given a life sentence with a 16-year punishment part on her conviction has lost her appeals against conviction and sentence after the High Court of Justiciary rejected an argument that an earlier jury verdict found to be incompetent ought to have resulted in her acqu

A sheriff conducting the trial of a man arrested after police received information from a paedophile hunter group that he had sent explicit messages to one of their decoys has overruled a defence objection to the admissibility of screenshots from the decoy telephone displaying the messages he was sa

The High Court of Justiciary has refused an appeal against multiple convictions for rape against two complainers based on a misdirection on docket evidence about the accused’s contact with the first complainer after concluding that, while the directions given to the jury on the docket were err

A lord ordinary has granted a petition by the parents of a primary 1 pupil in West Lothian who raised concerns about unisex washing facilities in her newly built school seeking declarator that the current toilet provision was unlawful after ruling that the wording of the relevant statutory regulatio

A Sheriff Principal has held that a sheriff was correct to disapply qualified one-way cost shifting in a failed personal injury claim by a retired engineer against the chief constable of Police Scotland after concluding that she was justified in finding that the evidence he presented completely unde

The Outer House of the Court of Session has admonished the Scottish ministers after finding that they failed to timeously comply with a decision notice issued by the Scottish Information Commissioner to provide additional material relating to the Hamilton report on whether former First Minister Nico