Case Reports

An Afghani national who had been refused leave to remain in the UK as a partner of a British woman has successfully challenged a decision to certify his asylum and human rights claims as “clearly unfounded”. The decision to certify his claim meant that Aziz Hussini would be unable to appeal the

A bench of five judges is to review the directions to be given to a jury as to how they should treat video evidence presented to them at trial. Three judges of the High Court of Justiciary Appeal Court observed that the law was in a “state of uncertainty” and that now would be an “appropriate

of the member states as the provisions of the agreement relating to non-direct foreign investment and to dispute settlement between investors and states do not fall within the exclusive competence of the European Union, the Court of Justice of the European Union has ruled. On 20 September 2013, the

in the EIA process. The extent of such provision must, however, be tempered with a degree of realism. It should not create an endless process of notification of, and consultation on, every matter which is, or becomes, available to the decision-maker prior to the decision. The process is to inform t

A woman facing an action for payment of more than £170,000 following a “gratuitous alienation” who claimed that the statutory defences available to a challenge to such a transfer breached her human rights has had her defence dismissed. The case raised the issue of whether the terms of section 3

A Swedish man whose daughter was “wrongfully removed” from Sweden to Scotland by her mother has been granted a court order to have the eight-year-old girl returned to the country of her birth. A judge in the Court of Session granted the order under the Child Abduction and Custody Act 1985 after

An air carrier which is unable to prove that a passenger was informed of the cancellation of his flight more than two weeks before the scheduled time of departure is required to pay compensation to that passenger – this applies not only when the contract for carriage was concluded directly between

A Scottish local authority involved in arbitration proceedings with a building company following a dispute over a construction contract has had an application for a court order prohibiting disclosure of the identity of the parties refused. A judge in the Court of Session noted that the names of the

A motorist who was sued after she struck a pedestrian suspected of attempting suicide at the time of the accident has been cleared of any liability. A judge in the Court of Session ruled that the pursuer, who could not remember anything about the time of the accident, failed to establish that the dr

A general and absolute prohibition of any advertising for the provision of oral and dental care services is incompatible with EU law but objectives relating to the protection of public health and of the dignity of the profession of dentistry may, nevertheless, justify supervision of the form and man

A woman who challenged a Scottish local authority’s decision to grant planning permission for the development of a new wind farm in Perthshire has had her appeal refused. Helen Douglas argued that Perth and Kinross Council failed to have proper regard to its obligations as planning authority in re

A maths teacher found guilty of two charges of child sex offences 17 years apart on the basis of “mutual corroboration” has successfully appealed against his conviction. The Criminal Appeal Court ruled that there were no compelling features of such a striking similarity to suggest that the two o

was not therefore, in my view, a breach of the rules of natural justice.”

A nurse who broke her wrist and later developed a debilitating health condition after slipping on a wet hospital floor has been awarded almost £50,000 damages. Kathleen Ann McLeish, 60, was working in the A&E department at Edinburgh Royal Infirmary when she fell on a slippery surface in one of

A motorcyclist who was seriously injured in an accident has had a £250,000 damages action against a Scottish local authority over the council’s alleged failure to repair a damaged strip of road dismissed. A judge in the Court of Session ruled that the pursuer had failed to prove that the defender