Case archive

Chinese man who claimed he was a modern slave fails in judicial review of decision to reject human trafficking victim claim

A Chinese national whose claim that he was a victim of human trafficking was rejected has had a legal challenge against that decision dismissed.

Court of Session Outer House — 5 November 2018

Sheriff Appeal Court allows homeowners’ action for reduction and damages against sellers over ‘misrepresentation’ to proceed to proof

A couple who are suing the former owners of their home for damages over an alleged misrepresentation that they had no experience of flooding at the property have been granted a full hearing after the sellers’ appeal was refused.

Sheriff Appeal Court — 2 November 2018

Personal Injury Court refuses health board’s bid to remit medical negligence case to Court of Session 

A Scottish health board which is being sued by a patient for £1.5 million has had an application to remit the clinical negligence claim against it to the Court of Session dismissed.

Sheriff Court — 1 November 2018

Former trustee had no entitlement to asset discovered after discharge

A man who claimed to be entitled to PPI compensation in a situation in which there had been an intervening insolvency by virtue of a trust deed has had his appeal unanimously dismissed by justices in the Supreme Court, for whom the question was whether the trust deed had been brought to an end by the trustee making a final distribution to creditors with the result that the PPI claimant (as opposed to his former trustee) was held to be entitled to the PPI payment.

UK Supreme Court — 31 October 2018

Sex offender wins appeal against extended sentence

A man convicted of unlawful sexual activity with a 14-year-old girl has successfully challenged a sheriff’s decision to impose an extended sentence.

Criminal Appeal Court — 31 October 2018

Turkish national wins appeal for re-hearing of case to remain in UK with Scottish wife

A Turkish national who was seeking leave to remain in the UK as the spouse of his Scottish wife has successfully appealed against the decision to refuse his application.

Court of Session Inner House — 30 October 2018

Judge should not act as party litigant’s legal adviser, Court of Session rules in refusing appeal

A judge should not become a party litigant’s law agent and advise on procedural matters when dealing with applications to appeal, the Court of Session has ruled.

Court of Session Inner House — 29 October 2018

Sheriff Appeal Court overturns ruling in breach of contract case over show-jumping pony

A father who bought a show-jumping pony for his daughter but later sued the seller after claiming that the gelding was taller than advertised has had a court ruling in his favour overturned following an appeal.

Sheriff Appeal Court — 26 October 2018

Man who fire-bombed two houses loses appeal against attempted murder conviction

A man found guilty of attempted murder after fire-bombing two houses in a revenge attack following an assault on his younger brother has had an appeal against conviction rejected.

Court of Session Inner House — 25 October 2018

Family awarded £100,000 damages following fatal road traffic accident outside home

A family has been awarded £100,000 damages following a fatal road traffic accident involving a supermarket delivery van and an fuel tanker near their home which resulted in the lorry crashing into their garden and spilling thousands of gallons of aviation fuel.

Court of Session Outer House — 24 October 2018

Court of Session finds in favour of homeless petitioner in judicial review

A homeless man who was evicted for rent arrears has successfully argued that a decision to the effect that he was “intentionally homeless” was “unlawful” - but his legal challenge was dismissed because he raised the action against the wrong party.

Court of Session Outer House — 23 October 2018

Motorist who drove at cyclist wins appeal against assault conviction over sheriff’s misdirection on ‘mixed statements’

A man found guilty of driving his car at a cyclist who had stolen his girlfriend’s bike and causing him severe injury before punching the thief’s friend has had his conviction quashed following an appeal.

Criminal Appeal Court — 22 October 2018

UKSC: Woman's civil claim on behalf of son against marine vessel operater not time-barred

A claim made by a woman on behalf of her son against a marine vessel operator following the death of his father was not time-barred under the Athens Convention, justices in the Supreme Court have unanimously ruled, dismissing the appeal of the company.

UK Supreme Court — 17 October 2018

Man granted contact order with daughters and divorce from wife who falsely accused him of raping her

A man whose wife made a false rape allegation against him and moved away with their children has been granted a divorce and a contact order in a case in which the sheriff found the children's negative views of their father were not independently formed and that the mother's witnesses, among them a head teacher, were unreliable.

Sheriff Court — 16 October 2018

Man convicted of masturbating in view of neighbour partially succeeds in appeal over lack of corroboration

A man found guilty of repeatedly exposing himself and masturbating in view of his next door neighbour has partially succeeded in an appeal due to a lack of corroboration.

Sheriff Appeal Court — 12 October 2018