Case Reports

A Scottish national park authority has successfully challenged a sheriff’s decision to allow an appeal by an estate owner who had taken to steps to prevent or deter members of the public from accessing the land. The Sheriff Appeal Court ruled that the sheriff’s approach to the evidence on the ti

A Portuguese man whose daughter was “wrongfully removed” from Portugal to Scotland by her mother has failed in a legal bid to have the 10-year-old girl returned to the country of her birth. A judge in the Court of Session refused to grant an order under the Child Abduction and Custody Act 1985 a

The Court of Session has refused to allow the relatives of a mechanical fitter who died as a result of exposure to asbestos to amend their claim in their personal injury action for damages against the state. A judge held that the new claim set out in the minute of amendment, which was lodged after t

A man who attempted two bring two stun guns disguised as mobile phones into the UK after buying the weapons while on holiday has had an appeal against his five-year prison sentence refused. The Criminal Appeal Court ruled that Henry Morton failed to show “exceptional circumstances” that would ju

A mother-of-one who was seeking a court order to relocate from Scotland to England with her two-year-old son against the wishes of the child’s father has had her application refused. A judge in the Court of Session ruled that a residence order providing that the child reside with the mother was �

DWF LLP has failed in a plea to have a £1 million claim against it dismissed in a commercial action brought by the landlord of its former Glasgow offices. The UK law firm, which entered the Scottish legal sector in 2012 via its merger with Biggart Baillie, is being sued by commercial property landl

A prisoner subject to an order for lifelong restriction (OLR) who claimed his human rights had been breached because he had not been given a “reasonable opportunity” to demonstrate that his continued imprisonment was “no longer necessary for the protection of the public” has had his claim fo

Newspapers that challenged orders for costs made following trial have had their appeals unanimously dismissed by justices in the Supreme Court. Lord Neuberger gave the lead judgment, with which Lord Mance, Lord Sumption, Lord Hughes and Lord Hodge agreed.

A detainee who sought judicial review of the legality of a comprehensive ban on smoking at the State Hospital at Carstairs has had his appeal unanimously allowed by justices in the Supreme Court to the extent that the part of the impugned decision, which relates to the prohibition from possession of

The company Forge de Laguiole may oppose the registration, at EU level, of the trade mark Laguiole in the area of, inter alia, knives and cutlery but may not oppose the registration of the trade mark Laguiole in areas in which it does not actually pursue a business activity, the Court of Justice of

A man found guilty of wilful fire-raising on an “art and part” basis after paying another man to start the blaze has failed in an appeal against his conviction.

A woman who was seeking compensation for “distress” after she was photographed urinating on an Aberdeenshire golf course owned by U.S. President Donald Trump has failed in her claim. Carol Rohan Beyts, 62, was seeking £3,000 from Trump International Golf Links Scotland, claiming staff had breac

A man disallowed from pleading the reasonable belief defence after having sex with a 14-year old girl because he had previously been charged with other sexual offences has had his appeal, that the clause of the Sexual Offences Act 2009 providing for this is incompatible with his article 8 rights and

A man who was seriously injured when shards of glass struck him on the face after another man punched the glass door of a take away is to be awarded damages. A sheriff granted summary decree after ruling that that the defender, who pled guilty to “culpably and recklessly” punching through the gl

A man found guilty of historical child sex offences who claimed he suffered a “miscarriage of justice” as a result of a sheriff’s “misdirection” has failed in an appeal against his conviction. The appellant claimed that the sheriff misdirected the jury on the possible application of the do