Case Reports

A cyclist who was seriously injured when he crashed into another cyclist on a National Cycle Route has successfully established that the other cyclist was at fault in a personal injury action raised against him, but with contributory negligence of 50 per cent. Nigel Dick, 54, and Joseph Merrick, 66,

A father whose child drowned in a bathtub while in a kinship placement approved by a local authority has been allowed a proof in his action against that authority after a Lord Ordinary rejected arguments that the chain of causation had been broken. Tommy Cruickshanks raised the action against Glasgo

The High Court of Justiciary has refused two appeals against conviction by a pair who were convicted of the attempted murder of a man in an Edinburgh newsagent after they argued they had not been given a fair trial. Lewis Spence and Connor Steele were each given an extended sentence with a custodial

A Blue Badge holder who was refused an appeal against a Penalty Charge Notice he was given for parking his car on a yellow line without displaying his badge has had the decision of the First-tier Tribunal for Scotland quashed on further appeal to the Upper Tribunal for Scotland, and his case remitte

A Scottish man injured when he was a passenger on a tour bus in Malta has failed to establish that the Court of Session has jurisdiction in respect of the operator of the bus, after it was added to the action alongside its insurer. The lord ordinary had previously dismissed part of pursuer Simon Mor

A motorcycle dealership which was found liable for most of the expenses of an abandoned action against it in relation to a faulty bike it sold to a customer has lost a Sheriff Appeal Court challenge to the sheriff’s findings on expenses. Original pursuer and respondent Norman Christie abandone

A lord ordinary has allowed a proof before answer in a civil damages action raised by the family of Emily Drouet, a University of Aberdeen student who committed suicide after being abused by her boyfriend, but only in respect of the claims of her siblings who were under 16 at the time of her death.

The Sheriff Appeal Court has refused the substantial part of an appeal against an interdict pronounced against an environmental campaigner and researcher who trespassed onto fish farming sites to take video footages of the fish, but allowed for amendments to tighten its scope. Pursuer and respondent

An application for permission to appeal a decision of the First-tier Tribunal for Scotland’s Social Security Chamber by a man who sought additional living and mobility points in respect of Adult Disability Payment on the basis of an enlarged prostate has been refused by the Upper Tribunal for

A man convicted of assaulting members of his extended family between 1999 and 2001 has lost a High Court appeal against one of the charges after failing to establish that the jury had been misdirected on corroboration. Appellant JH argued that the trial judge had misdirected the jury in relation to

A former prisoner at HMP Edinburgh jailed for raping his teenage daughter and her friend has lost a legal challenge against five of the conditions imposed on his automatic release on licence. Petitioner AB was jailed for 12 years for two charges of rape at common law and two charges of lewd, indecen

A Malawian woman who was refused a human rights visa after separating from her abusive husband who initially sponsored her application has successfully had a decision that her claim was unfounded reduced by a Lord Ordinary. The petitioner sought reduction of a decision of the Secretary of State for

A petition by two Scottish fishing organisations challenging a decision to vary the economic link licence condition in relation to Scottish sea fishing licences aimed at increasing pelagic fish landings has been refused by the Court of Session. Scottish Fishermen’s Organisation Ltd and Shetlan

A motion for breach of an interdict issued by the Sheriff Appeal Court preventing a landowner from interfering with servitude rights of access and repair for a septic tank servicing the dominant tenement’s property has been refused by the SAC on the basis that it was not the competent forum fo

A lord ordinary has assoilzied all eight defenders in a long-running action brought by the former sole shareholder in a company that went into administration after a share sale after holding that he had failed to establish he had been induced to sell the shares by a fraudulent conspiracy between his