Case Reports

A sheriff conducting a fatal accident inquiry into the death of a mechanical fitter who sustained fatal injuries when he became entangled in the bar of a boring machine has concluded that the accident could have been avoided if his employer had increased the frequency with which it conducted safety

In one of Scotland’s first court cases on the legality of covert monitoring of employees in the workplace, the pursuer, a leading firm of immigration law advisors, conducted extensive surveillance to expose an alleged client-poaching ring amongst its senior in-house solicitor, the first defend

A local authority has lost an appeal before the Sheriff Appeal Court seeking to overturn an order to pay damages to the father of a school pupil seeking rectification of an inaccurate risk assessment document prepared after she experienced bullying, after the court concluded that the sheriff was cor

A group set up to oppose the erection of electricity pylons in Galloway as part of a planned project to replace the area’s electrical infrastructure have lost a petition for judicial review seeking to overturn the grant of permission for the project to proceed after a Lord Ordinary found that

A lord ordinary has declared that the Scottish Prison Service failed to provide appropriate rehabilitative opportunities to a prisoner sentenced to an Order for Lifelong Restriction who was removed from the waiting list for its Self Change Programme after deciding the programme could not address his

A lord ordinary has refused in hoc statu an insurer’s motion to dismiss a £2.5 million damages claim in respect of a brain injury sustained in an accident involving a car and a motorcycle after finding that, while the pursuer had greatly exaggerated the extent of his injuries and lied to

A lord ordinary has refused to grant an order for the eviction of a family of travelling showpeople from a site in Govan that the local authority sought to redevelop as part of a masterplan for the area after finding that their occupation of the ground was protected by the Mobile Homes Act 1983. Gla

A lord ordinary has granted decree of absolvitor to a partnership of solicitors and to its individual partners in a claim raised against them for damages following the purchase of the ground floor of a tenement for use as a beauty salon, after finding that they could not be held responsible in law f

A serving prisoner convicted of possession of an improvised bladed article in his prison cell at HMP Perth has lost an appeal against his conviction on the basis of prejudice and misdirection by the trial judge after she initially gave the jury a direction on another offence of possession of a weapo

A schizophrenic man imprisoned for 10 months and made subject to notification requirements under the Sexual Offences Act 2003 after he claimed to the father of an 11-year-old girl that she wanted him to molest her has had a Bill of Suspension seeking his removal from the sex offenders’ registe

A care company that had its sponsor licence for skilled overseas workers revoked after a data breach left it without access to its HR systems has lost a judicial review challenge against the decision of the Home Office to remove them from the register of sponsors after a lord ordinary ruled that the

A business that claimed it was unlawfully refused a small business grant during the Covid-19 pandemic has lost an appeal against the dismissal of its case before the sheriff after it was ruled that he was correct to find no proper case had been made out against the local authority that considered th

An appeal by a party to a share purchase agreement who stopped making payments under the agreement after forming a view that he had been fraudulently induced into entering the SPA against a sheriff’s decision that he had pled no relevant defence to an action for payment has been refused by the

The Sheriff Appeal Court has quashed an order for the destruction of an XL Bully dog after finding that there was insufficient information to establish that the dog presented a risk to the public or that his owner, who received the dog from her son in unknown circumstances, was not a fit and proper

A sheriff has refused a request for contact by the father of a 10-year-old boy whose mother separated from him following two instances of assault in 2018 after finding that it would not be in the child’s best interests for contact to resume. Pursuer G sought a residence order in respect of the