Case Reports

A former forestry worker who sued two companies which manufactured the components used in his hip replacements 10 years ago has had his action for damages dismissed. John Hastings, 64, claimed that the metal on metal (MoM) total hip replacements (THR) used in his operations were “defective&rdq

A motorist who was fined £500 after being convicted of driving without a valid licence and without insurance has failed in an appeal to have the financial penalty reduced. The appellant claimed that the sentence imposed was “excessive” because it would take nearly two years to repa

The Royal Bank of Scotland has had an appeal rejected against a decision that it could not avoid paying out a successful payment protection insurance (PPI) mis-selling claim to a loan customer who became insolvent. The Inner House of the Court of Session upheld a decision of the

A Nigerian businessman who was refused indefinite leave to remain in the UK despite living here for more than a decade due to tax discrepancies has been granted permission to appeal against the decision to refuse his application. A judge in the Court of Session ruled that the Upper Tribuna

Judges presiding over solemn cases have been reminded not to take over the role of “cross-examiner” of witnesses, particularly in trials involving allegations of serious sexual offending. The Criminal Appeal Court warned that judges who repeatedly intervene by questioning a wit

Two men found guilty of producing psychoactive substances on an industrial scale following the introduction of new legislation to tackle the rising use of so-called “legal highs” have had appeals against their convictions rejected. Scott McGaw was sentenced to five years’ impr

A publishing company which sued a former employee for more than £100,000 after she fell victim to a “whaling fraud” has failed in a legal action to recover the funds. Peebles Media Group raised an action against its former credit controller Patricia Reilly, claiming she w

A motorist who was jailed after being found guilty of causing “serious injury by dangerous driving” has had his custodial sentence reduced following an appeal. Twenty-one-year-old Kyle Stewart, who was 19 at the time of the offence, claimed that his sentence of two years’ impr

A man accused of rape and other historical child sexual offences against his sister as well as allegedly raping his former fiancée will face trial on the charges after prosecutors successfully challenged a judge’s decision to uphold a “no case to answer” submission. The tria

A failed asylum seeker who claimed that it was “unlawful” for her housing provider to evict her from temporary accommodation by changing the locks to the property without first obtaining a court order has had her appeal dismissed. The Inner House of the Court of Session upheld

A man living with his severely disabled partner in a two-bedroom council house should receive full housing benefit because applying the so-called "bedroom tax" breaches his human rights, the UK Supreme Court has ruled. The ruling in favour of "RR" has implications for at least 155 other partners of

Scotland’s top law officer has successfully challenged a judge’s decision that the Crown was “barred” from prosecuting a man for murder, having previously accepted his guilty plea to a charge of assaulting the same man, who died almost five years later as a result of his inju

The Supreme Court has remitted the case of a Liberian woman who challenged various counts of torture made against her by reference to the interpretation of the term “person acting in an official capacity”. Lord Lloyd-Jones gave the majority judgment, with which Lady Hale, Lord Wilson and

Scotland’s oldest university will be able to pursue legal action in this jurisdiction against a company it has accused of infringing its trade marks in the sale of student gowns after a Court of Session judge rejected arguments by the London-based retailer that the case should be hea

A woman who was jailed for life with a minimum of 25-and-a-half years after being found guilty of the murder of her husband has had the punishment part of her sentence reduced following an appeal. Haider Hayat was killed by his wife Saima Hayat and husband and wife Muhammed Rauf