Case Reports

The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex, the Court of Justice of the European Union has ruled. Although the member states have the freedom whether or not to authoris

A woman awaiting a £75,000 payout following a successful employment tribunal case against her former bosses who argued that the lack of a statutory power of arrestment to enable the tribunal to protect an award breached her rights under European law has had her claim dismissed. A judge in the

A woman who fell over a large stone while walking in the grounds of a Scottish estate has had her action for damages dismissed. The All-Scotland Sheriff Personal Injury Court ruled that the pursuer, Louise McKevitt, failed to prove that the defenders, the National Trust for Scotland, breached their

A man found guilty of sexual offences against two children almost 17 years apart has had his conviction quashed following an appeal. The High Court of Justiciary Appeal Court ruled that the similarities between the offences were not “sufficiently compelling” to overcome the “very s

A prisoner who was found to be entitled to damages following a serious assault by another inmate after warning a prison officer that his attacker had previously threatened him has had the decision upheld by appeal judges. Keith Porter was convicted of attempted murder following the attack on Daniel

A bank which has been seeking to call up £2.5 million in loans granted to a husband and wife for the purpose of purchasing and renovating their new home has failed in an appeal against a judge’s decision to prevent the so-called “vulture fund” from bankrupting the couple. The

The Scottish Legal Aid Board has successfully appealed against a judge’s ruling to reduce its decision to grant civil legal aid to a man who was seeking to challenge the lawfulness of a local authority’s determinations relating to the provision of community care services to his elderly a

The Sheriff Appeal Court has published a judgment in three test cases concerning the court’s approach in undefended actions under the simple procedure rules. The court allowed appeals by Cabot Financial UK Ltd against decisions to dismiss its undefended actions for payment, after ruling that t

A widow who sued her son and daughter-in-law following a dispute over the sale of the former family home has had her action dismissed.  Catherine Cox, 82, claimed that her son Peter Cox and his wife Karen Cox were acting as her agents in arranging the sale of the home in Edi

A man who was jailed for 22 months for throwing a paving stone through a neighbour’s window has had his sentence reduced following an appeal after he successfully challenged the level of discount afforded by the sentencing sheriff. The Appeal Court of the High Court of Justiciary red

A Polish mother-of-two who moved to Scotland with her children after leaving her allegedly abusive Italian partner has successfully appealed against a court ruling ordering her to return the two boys to Italy for the courts there to determine issues of residence and contact. The Inner House of the C

A man accused of growing cannabis and being concerned in the supply of the class B drug who claimed that he was a victim of human trafficking and had been forced to commit the offences has had a human rights challenge against his prosecution rejected. Quyen Van Phan argued that his prosecution was i