Case Reports

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

Two Celtic supporters who claimed their human rights had been breached after they were convicted under legislation designed to tackle football-related sectarianism for singing a pro-IRA and INLA song during a match have lost their appeal. The Criminal Appeal Court was asked to consider whether the a

A man who drove a seriously intoxicated woman to A&E where he told a nurse that he had also been drinking and taking drugs and admitted to police officers that he had driven to the hospital has lost an appeal against his conviction for drink-driving. It was argued on behalf of the appellant that

A woman who was fined £1,000 after being found guilty of a “racially aggravated offence” has had her sentence quashed after appeal judges said they had “difficulty” in comprehending why she was prosecuted in the first place. The Criminal Appeal Court admonished the appellant after observing

A divorced father-of-two who was sequestrated after failing to meet his maintenance commitments towards his ex-wife and children has had a petition for suspension of a charge for payment and interdict refused. Crawford Hill argued that payments he made to his former wife Sally-Anne Hunter following

A community council has been granted a protected expenses order limiting its liability for the costs of a legal action challenging a decision of a local authority. A judge in the Court of Session ruled that it would “fair and just” to limit the community council’s liability to £1,000 as they

A single mother-of-five has successfully challenged a council’s decision that it had discharged its duty to house her homeless family by offering accommodation in another local authority area more than 50 miles away. The UK Supreme Court ruled that the council had acted unlawfully and quashed the

In a Court of Session judgement issued on Thursday,Morton Fraser was successful in securing substantial damages for its client injured when her artery was punctured during a routine procedure at Falkirk & District Royal Infirmary in 2009. Morton Fraser represented Annabelle Bell of Falkirk, in a

A Polish woman faced with imprisonment in her homeland who claimed that a “serious medical condition” meant it would be “unjust or oppressive” to extradite her from Scotland has failed in appeal against a sheriff’s extradition order. The Criminal Appeal Court was “unable to fault the rea

An English Premier League footballer who was granted a gagging order against a woman selling a “kiss-and-tell” story to The Sun has had an application to maintain his anonymity rejected by a judge at the High Court in London. The player had claimed that the woman “blackmailed” him by demandi

A property development company which claimed that its lawyers were in “breach of contract” has been awarded more than £2.7 million. A judge in the Court of Session ruled that the legal firm was “negligent” in its failure to ensure that the company complied with the terms of two revolving cr

Two social workers who were found in contempt of court for failing to comply with a child contact order made by a sheriff have successfully appealed to have the decision quashed. Judges in the Inner House of the Court of Session ruled that the social workers’ conduct “did not amount to a lack of