Case Reports

The Sheriff Appeal Court has refused an appeal by stated case against a sheriff’s decision to evict a debtor from her family home and give a trustee in bankruptcy the authority to sell the property in a long-running sequestration dispute. Gordon Maclure, an insolvency practitioner appointed tr

An Aberdeen sheriff has issued a written opinion explaining the ex tempore decision he took to refuse an appeal by an Orange Lodge group against a council’s decision not to grant it permission for a public procession through Stonehaven on 16 March 2024. The Dunottar Martyrs Memorial Loyal Oran

The occupiers under a liferent of a property in Stranraer have won an appeal against their eviction from the property on the basis that the sheriff erred in his construction of the terms of the occupancy agreement. An action for recovery of possession of the property occupied by Neil Farroll and his

The Inner House of the Court of Session has ruled that a solicitor who failed to comply with an order to produce documents relating to an outstanding complaint against an ex-partner in her firm was not in contempt of court. A petition was raised by the Scottish Legal Complaints Commission against so

The High Court of Justiciary has quashed six convictions of former sub-postmasters in respect of various offences of dishonesty arising between 2004 and 2013, in all of which evidence of shortfalls in accounting was provided by the Horizon system. Four of the appellants, William Quarm, Susan Sinclai

A petition by the supermarket chain Tesco seeking reduction of a local authority’s decision to grant a planning application by a rival chain for a bigger store in Perth has been granted by the Outer House of the Court of Session. Perth and Kinross Council granted the application by Aldi Stores

The owner of a mobile phone shop in Glasgow convicted of attempting to commit insurance fraud by deliberately setting fire to the premises has lost an appeal against his conviction. Sahail Ahmed was indicted alongside his two brothers Kasim and Adum Ahmed, on two charges of attempted fraud and one o

A woman charged with causing alarm to a couple and their 15-year-old son by watching and filming them in their home has had three Bills of Advocation raised after delays in starting the trial diet refused by the Sheriff Appeal Court. In three complaints raised by the procurator fiscal in Falkirk aga

A woman convicted of laundering over £63,000 in cash has lost an appeal against her conviction made on the basis that the Crown had knowingly withheld evidence at trial. Lesley Clarkson was convicted of two money laundering offences together totalling £63,766, reduced by £4,650 fro

A lord ordinary has ruled that Glasgow City Council had failed to adequately consult on changes to its social care charging policy but declined to order reduction of the policy as sought by a petitioner challenging an increase in the weekly charge levied on him for services. BB, a 40-year-old disabl

The Sheriff Appeal Court has refused an appeal by a man who was due payments from a bank for mis-sold payment protection insurance following a 2019 decision that it could not set-off the payments against a discharged protected trust deed debt, upholding a sheriff’s decision that his claim had

An appeal by the mother of a child born with quadriplegic cerebral palsy who alleged negligence on the part of an obstetrician involved in her care as well as unnamed doctors in the induction ward has been refused by the Inner House of the Court of Session. It was held by the lord ordinary that no b

The Sheriff Appeal Court has refused an application to remit an appeal to the Court of Session in a case involving the competency of making a permanence order in respect of a 16-year-old child. Appellant MM argued that the case raised a novel point of law which required to be considered by the Inner

An Inverness man convicted of sending indecent communications to children has successfully had his conviction on four charges quashed on appeal to the High Court of Justiciary after it found that there was insufficient evidence to allow a finding that he had sent the messages in question. The appell

An insurer which was ordered to pay £1,250 to a man involved in a collision between his van and a car in Edinburgh has had an appeal against the order refused by the Sheriff Appeal Court. Berkshire Hathaway International Insurance Co Ltd argued that, after expert medical evidence led by pursue