Case Reports

A teenager who claimed that Scottish legislation on “fixed penalty notices” breached European human rights law on the basis that there was no means of challenging the charge if an individual failed to ask to be tried for the alleged offence within the statutory 28-day time limit has had

Two foreign nationals whose applications for indefinite leave to remain in the United Kingdom were refused because of discrepancies in their declared earnings have successfully challenged the decisions. A judge in the Court of Session ruled that the conclusion reached in both cases by the

The requirement for a person to prove beyond a reasonable doubt that they did not commit an offence in order to access compensation for a miscarriage of justice does not breach their right to presumption of innocence, the Supreme Court has ruled. The question in the appeals was whether the definitio

A motorist who was jailed for eight months after pleading guilty to a charge of drink driving having been caught more than seven times over the legal limit has had his sentence reduced following an appeal. The Sheriff Appeal Court quashed the original sentence imposed on the basis that it was "incom

A tenant of commercial premises which challenged an independent surveyor’s determination of the revised rent payable to the landlord has had its action dismissed as “incompetent”. A judge in the Court of Session ruled that that the court had “no jurisdiction” as the par

A man who claimed he was struck by a car when he was a primary school boy more than 50 years ago in an accident which he could not remember and of which there was almost no evidence has had has claim for £650,000 in damages against a Scottish local authority dismissed. A judge in the Cour

A family dairy company and a housebuilder who challenged a Scottish local authority’s refusal to grant planning permission for a new housing development on green belt land have successfully appealed against the decision. The Inner House of the Court of Session allowed the appeal by&n

A motorcyclist who was injured after crashing into the back of a car which performed an unnecessary “emergency stop” has been awarded nearly £50,000 damages. A sheriff in the All-Scotland Personal Injury Court ruled that the driver of the vehicle, who braked suddenly beca

An agent acting on behalf of a landowner and a contractor in relation to proposed works at a quarry should be regarded as “aggrieved person” and therefore entitled to challenge a planning decision, a Court of Session judge has ruled. Lord Drummond Young held that the appel

A consumer who purchased a new living room suite but rejected it following delivery because it was not of satisfactory quality and later gave it away after the seller ignored repeated requests to uplift the goods is entitled to a full refund, an appeal court has ruled. The Sheriff Appeal Court&

A woman with medical problems and restricted mobility who sued public works contractors after she fell and was injured as she tried to access her front door while excavation works were ongoing outside the property has won her appeal for damages. A sheriff in the All Scotland Personal Injury Cou

A Scottish solicitor who failed to progress a case on behalf of a client who was suing his former employer has been fined £7,500. Quinton Muir, 51, was found guilty of “professional misconduct” by the Scottish Solicitors’ Discipline Tribunal (SSDT) over his failure

An Irish father-of-one who claimed that his estranged Scottish wife had unlawfully retained their daughter in Scotland after the child underwent emergency cancer treatment here has had an application for a court order for the toddler’s return to Ireland dismissed. A judge in the Court of Sessi

A Scots lawyer convicted of embezzling more than £20,000 of clients’ money has been struck off the solicitors’ roll by the Scottish Solicitors’ Discipline Tribunal (SSDT). Paul O'Donnell, of Glasgow, pleaded guilty at Edinburgh Sheriff Court in April 2016 to em

A Scottish local authority which entered into missives for the sale of land to a property developer and subsequently granted planning permission for the redevelopment of the site was not entitled to rescind the contract on the basis that the appropriate fee had not been paid when the planning applic