Case Reports

A schoolboy who was sentenced to 12 months’ detention for slashing a fellow pupil with a knife during a fight in the school canteen has successfully appealed against a sheriff’s decision to impose a custodial sentence. The Criminal Appeal Court ruled that while the circumstances of the c

A man found guilty of the repeated rape of a former partner who claimed he was the victim of a “miscarriage of justice” based on “fresh evidence” that the complainer had sent a message to police stating that she had put “an innocent man in jail” has had his appeal

The UK government has had an application for permission to appeal to the UK Supreme Court against the decision to refer the question of whether the Article 50 notification to leave the EU can be unilaterally revoked to the Court of Justice of the European Union refused. The Inner House of the Court

The passengers of a car who suffered whiplash injuries following a road traffic accident have had the damages awarded in their favour reduced after the driver of the other vehicle’s insurers successfully challenged the medical evidence given in support of their claims. The Sheriff Appeal Court

A man who was given a community payback order after threatening to share intimate images of his former partner with her children in an act of so-called “revenge porn” has had an appeal against his sentence rejected. The Sheriff Appeal Court dismissed that appellant’s claim that the

A Chinese national whose claim that he was a victim of human trafficking was rejected has had a legal challenge against that decision dismissed. Dunshou He claimed that he became a victim of modern slavery after fleeing his home country and arriving in the UK via Ireland, but the Secretary

A couple who are suing the former owners of their home for damages over an alleged misrepresentation that they had no experience of flooding at the property have been granted a full hearing after the sellers’ appeal was refused. The Sheriff Appeal Court upheld a decision of the sheriff that cl

A Scottish health board which is being sued by a patient for £1.5 million has had an application to remit the clinical negligence claim against it to the Court of Session dismissed. A sheriff in the All-Scotland Personal Injury Court ruled that while the case was “imp

A man convicted of unlawful sexual activity with a 14-year-old girl has successfully challenged a sheriff’s decision to impose an extended sentence. The Appeal Court of the High Court of Justiciary quashed the extension period after ruling that the sheriff failed to explain why she considered

A man who claimed to be entitled to PPI compensation in a situation in which there had been an intervening insolvency by virtue of a trust deed has had his appeal unanimously dismissed by justices in the Supreme Court, for whom the question was whether the trust deed had been brought to an end by th

A Turkish national who was seeking leave to remain in the UK as the spouse of his Scottish wife has successfully appealed against the decision to refuse his application. The Inner House of the Court of Session ruled that the First-tier Tribunal failed to make findings in fact about the app

A judge should not become a party litigant’s law agent and advise on procedural matters when dealing with applications to appeal, the Court of Session has ruled. The First Division made the observation in refusing an appeal by a builder who was seeking to challenge a sheriff’s

A father who bought a show-jumping pony for his daughter but later sued the seller after claiming that the gelding was taller than advertised has had a court ruling in his favour overturned following an appeal. Richard Mawson raised an action for “breach of contract” and “misrepres

A man found guilty of attempted murder after fire-bombing two houses in a revenge attack following an assault on his younger brother has had an appeal against conviction rejected. Naveed Iqbal, who originally faced trial along with three others, was sentenced to 16 years’ imprisonment for inst

A family has been awarded £100,000 damages following a fatal road traffic accident involving a supermarket delivery van and an fuel tanker near their home which resulted in the lorry crashing into their garden and spilling thousands of gallons of aviation fuel. Morag McKenzie, her daughter, an