Case Reports

The Criminal Appeal Court has issued an opinion designed to highlight the point that a decision of a sifting judge must relate to the questions posed in a stated case and not to the content of any earlier application to the court. The Lord Justice Clerk, Lord Carloway (pictured), observed that while

The owner of an abandoned heard of pigs and flock of hens has failed in an appeal against a sheriff’s decision to allow a Scottish local authority to take the animals into care and sell them. Judges in the Inner House of the Court of Sessionrefused an appeal by Kevin Martin, who claimed that the s

An English Premier League football club has been held “vicariously liable” after one of its youth team players suffered a cardiac arrest in his first match and was left brain damaged. Radwan Hamed, who was 17 when he collapsed during a youth team game in Belgium in August 2006, raised an action

An oil company is suing the Scottish Government over claims its property is being contaminated by “hazardous chemicals” released from land used for the M74 extension. Esso Petroleum wants the Scottish Ministers to take action to prevent further escapes and is seeking damages for the cost of moni

A seriously injured girl whose contributory negligence in a car accident was assessed at 70 per cent in a decision of an Extra Division of the Inner House of the Court of Session and whose share of damages was calculated accordingly has won an appeal against the assessment by a majority of 3-2 in th

A police constable who was injured while playing the role of an attacker during an officer safety training course has had a claim for damages refused by a judge in the Court of Session. Debbie Stevenson was “strangling” a colleague on the floor of a gym when she was thrown off during an exercise

A man charged with being in possession of a class A drug with intent to supply has had his challenge to a decision to postpone his trial for five months refused. It was argued that the sheriff’s decision was “oppressive, erroneous and contrary to law”, but the Criminal Appeal Court ruled that

The Scottish Ministers have been found in contempt of court after prison officers breached an undertaking not to open an inmate’s letters. A judge in the Court of Session ruled that the Scottish Prison Service took “no steps” to inform any member of its staff at HMP Glenochil about the existen

A motorist who was convicted of breach of the peace after being accused of conducting herself in a “disorderly manner” by “following” two people in her car and placing them in a state of “fear and alarm” has had her conviction quashed on appeal. The Criminal Appeal Court held that the dr

A mother who was convicted of assault after grabbing hold of and shouting at a schoolboy involved in a play-fight with her son has had her conviction overturned by appeal judges. The woman was convicted after trial in a Justice of the Peace Court of seizing hold of the six-year-old boy by the collar

A Turkish national who was refused leave to remain in the UK despite claiming that he had established a family and private life has had a petition for judicial review of the decision dismissed by a judge in the Court of Session. Petitioner Halit Genc, 24, challenged the decision taken by the Upper T

A miners’ union member who claimed that the successful candidate for election as president was “ineligible to stand” has failed in an appeal. The Employment Appeal Tribunal held that the certification officer did not err in dismissing a complaint by Stephen Mace that Nicky Wilson should not ha

The UK Supreme Court has unanimously dismissed the appeal of a campaign group challenging consent to build a windfarm on Shetland granted in 2012. Sustainable Shetland (SS) challenged a consent for a large windfarm in the Central Mainland of Shetland granted under s.36 of the Electricity Act 1989 on

Legislation which gives foreign states “blanket immunity” from the jurisdiction of the courts of the UK in respect of employment disputes concerning embassy staff breaches human rights law, appeal judges have ruled. The Court of Appeal in London held that sections 16(1)(a) and 4(2)(b) of the Sta

Two men who were sentenced to life imprisonment for murder have failed in their appeals against conviction after the Criminal Appeal Court dismissed their claims that no reasonable jury properly directed could have returned guilty verdicts. Jonathan Mackinnon and Stefan Millar were each sentenced to