Case Reports

A schoolboy who was hit by a bus while “larking about” with friends on the pavement as the vehicle approached a stop has been awarded damages of £8,000. A judge in the Court of Session ruled that the driver was “negligent” because he had seen the boys as he approached and was “too close�

A man who sued the fire service after he was injured when ice and guttering fell from the roof of a neighbour’s house as he was walking home has had his damages action dismissed by a judge in the Court of Session. Lord McEwan held that that the Scottish Fire and Rescue Service, which had been work

A Scotch whisky producer has won an appeal to register the words “Jura Origin” as a trade mark in respect of whiskies produced in Scotland. A judge in the High Court in London upheld an appeal by Glasgow-based Whyte and Mackay, after a hearing officer had earlier refused the application followin

A father whose attempt to secure parental rights and responsibilities together with contact with his child was refused by a sheriff has failed in appeal despite claiming that the 10 months which passed between the case being taken to avizandum and the judgement being issued meant that the decision w

A Glasgow man who is facing extradition to the United States to face $2.7 million fraud charges has had an application to recover all correspondence relating to his case between the Scottish Ministers’ Civil Recovery Unit and the US prosecution authorities refused. A sheriff ruled that it was neit

The European Court of Human Rights (ECtHR) has unanimously ruled that a court in the Republic of Macedonia violated the European Convention on Human Rights (ECHR) article 6 right to a fair trial of a judge whom it dismissed from office on the grounds of professional misconduct after another judge ac

The UK Supreme Court has ordered the UK government to deal with the country's air pollution problem and publish a report on it by the end of this year. Air pollution in the UK has contravened EU limits for years and has been linked to thousands of deaths.

The Home Secretary has successfully challenged a Scottish judge’s decision that her refusal of a Pakistani national’s application for leave to remain in the UK was unlawful. The Lord Ordinary held that a rejection letter by the Secretary of State failed to consider whether refusal of leave to re

A man found guilty of exchanging sexually explicit mobile phone messages with a 13-year-old girl and having in his possession thousands of indecent images of children on his computers has failed in an appeal against conviction but successfully challenged the sentence imposed. The Criminal Appeal Cou

Counsel from other jurisdictions must join the Scottish Bar if they wish to appear in Scotland’s supreme courts, judges have ruled, in refusing an application from an English barrister seeking rights of audience. The Inner House of the Court of Session held that the court’s “inherent power”

A client of a Scottish legal firm who failed to pay the purchase prices for three houses but claimed that solicitors “acted without his authority” in concluding the missives for the properties is suing the lawyers for nearly £200,000 after he settled an action brought against him by the develop

An asylum seeker who was deported to Nigeria with her five-year-old son will be returned to the UK after appeal judges ruled that the Home Secretary failed to consider the “best interests” of the child when ordering their removal. The Upper Tribunal (Immigration and Asylum Chamber) held that Sec

Highlands and Islands Airports has been granted a full hearing in its £14 million action for damages against Shetlands Islands Council over alleged “defects” in the local authority’s works to extend the runway at Sumburgh Airport. Judges in the Inner House of the Court of Session upheld a dec

A Pakistani national who married a British woman but was refused leave to remain in the United Kingdom after his visa expired has successfully challenged that decision on human rights grounds. Muhammad Irfan Khan brought a petition for judicial review,arguing that the refusal of leave to remain in t

A former director of a Scottish Championship football team who loaned more than £200,000 to the club has failed in a legal action to recover the money. The pursuer Gerard Nixon, who was a director of the defender Livingston Football Club (LFC) between 2009 and 2013, sought decree of payment of a to