Case Reports

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

Two airline pilot accused of preparing to fly a passenger jet while under the influence of alcohol have had the charges against them dropped following an appeal. Jean-Francois Perreault and Imran Syed challenged the admissibility of the evidence of the proportion of alcohol in their blood after samp

A man charged with assault with intent to rape who claimed that a sheriff erred in granting an extension to the 12-month period in which to bring the accused to trial has had his appeal dismissed. The Appeal Court of the High Court of Justiciary upheld the sheriff’s decision to grant a motion by t

The manufacturers of a prescription drug for people with arthritis which it is alleged caused those who took the medication to suffer heart attacks and strokes have failed in an appeal against a judge’s decision to allow the cases to proceed to proof. The Inner House of the Court of Session refuse

A person tortured in the past in their country of origin is eligible for subsidiary protection if they face a real risk of being intentionally deprived in that country of appropriate physical and psychological health care, the Court of Justice of the European Union (CJEU) has ruled. The UK Supreme C

A father-of-one has successfully challenged an attempt by his former partner to remove their daughter from Scotland and take her to live in Northern Cyprus. A judge in the Court of Session refused to grant the specific issue order and residence order sought by the mother after ruling that it would b