Case Reports

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

A lord ordinary has granted permission for group proceedings seeking to establish that a producer of hernia mesh products was negligent in its design, manufacture, and marketing of certain named products, after finding that differences in the individual circumstances of the claimants was not a bar t

The Inner House of the Court of Session has ruled that a failure to proceed with a scheme for the renovation and leasing of a former nursing home in Paisley after the land was sold to a third party created a resulting trust in favour of the investors who had paid into a bank account set up in connec

The Sheriff Appeal Court has dismissed an appeal against a sheriff’s refusal to allow a pursuer to amend proceedings against a loan provider arising from alleged misrepresentations by a solar panel installer to add his wife as a party, after ruling that she was correct to conclude that the pro

A personal injury sheriff has disapplied Qualified One-Way Costs Shifting in an action arising from a road traffic accident after finding that the conduct of the pursuer’s solicitors in serving an initial writ including fictitious heads of claim without first checking them with their client ha

A personal injury sheriff has granted decree of absolvitor in an action by a retired boiler fitter seeking damages from his former employer for alleged hearing loss after determining that his loss of hearing was attributable to age and not to any injury suffered during his employment. John Pollock r

A lord ordinary has varied an order awarding a separated couple shared residence of their three children to require them to be returned to the United States at the instance of their two older children after finding that the previous decision not to allow their return with the pursuer had had a sever

A prize-winning dog trainer who was badly bitten by an aggressive working Collie while assessing him to determine whether he was suitable for training has lost a personal injury claim against the dog’s owners after a sheriff found he had accepted the risk of proceeding with the assessment. Bar

The Inner House has remitted sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 relating to the assault of a four-year-old child to a differently constituted sheriff court after finding that a sheriff had erred in making a finding about the child’s father based o