Case Reports

Two petitions by the Deputy Chief Constable of Police Scotland seeking reduction of decisions by the Police Appeals Tribunal reinstating two dismissed constables with written warnings after they sent offensive messages in WhatsApp group about other police officers have been allowed by the Outer Hous

The Sheriff Appeal Court has upheld the conviction of a man who posted offensive messages to a Facebook page about the opening of a Christmas shop in the area but quashed a fine imposed by the sheriff in favour of an admonishment. Graham Kane, a mental health nurse with no previous convictions, pled

A High Court judge has assessed the benefit from criminal conduct by a former Royal Marine Commando who used a Ministry of Defence vehicle to transport drugs from England to Scotland at over £175,000 and made a confiscation order against him for £29,000 of proceeds. Grant Broadfoot pled

An appeal by Scottish Power against a decision to award damages to the widow and other family of a former employee who died of mesothelioma in 2018 has been refused by the Inner House of the Court of Session. Elaine Crozier and other family of the late Robert Crozier successfully obtained a remedy o

A firm of solicitors ordered to pay a client almost £10 million after it was found to have negligently failed to advise them of requirements for lodging caution in an unsuccessful case worth £22.325 million has lost an appeal against the decision. TLT LLP admitted negligence but denied t

A judge in the High Court of England and Wales has dismissed an application by a transgender man seeking a decree of nullity in respect of his purported marriage to a woman in 2009, when he did not have a valid Gender Recognition Certificate, so that he could lawfully marry her again to resolve an i

An appeal against sentence by a repeat offender who was jailed for life with a punishment part of 23 years for murdering his partner while on bail for a different offence has been refused by the High Court of Justiciary. Christoper McGowan, aged 28 at the time of sentencing, had 57 previous convicti

A Crown appeal against what it considered to be the unduly lenient sentencing of a sexual offender has resulted in the High Court of Justiciary concluding that it would have reached the same overall result as the trial judge. Respondent Alistair Fergusson was convicted of 16 sexual offences against

The Sheriff Appeal Court has ruled that a sheriff who awarded sole guardianship of a 24-year-old man with autism to his mother without a proof hearing should have ordered one before making a decision. Colin Boyle, the father of the adult “Andrew” appealed against the order granted in fav

The New York Court of Appeals has concluded in an appeal based on a dispute between two classes of shareholder in a wound-up Scottish fantasy sports company that the plaintiffs had sufficient cause for an action of breach of fiduciary duty under Scots law. Nigel Eccles and other appellants, includin

A couple that bought a property in Auchendinny only to find a substantial quantity of Japanese Knotweed on the grounds have been allowed to progress with an action raised against the sellers based on a breach of the terms of sale. John Busby and Marie Donnelly argued that Mark and Kim Blair were in

A man who hired illegal migrants to work in a chicken takeaway restaurant in Edinburgh has been disqualified from acting as a company director for six years after an application was made by the Business Secretary to the Outer House of the Court of Session. The respondent, Muhammad Azam, was the sole

A judge has determined that a petition for judicial review of plans to redesign an Inverness shopping street to reduce the amount of vehicle traffic passing through it was not raised incompetently or prematurely. The trustees of the Eastgate Unit Trust, which owned a shopping centre at the east end

A tenant ordered to pay over £11,000 in rent arrears from September 2021 until 2023 to his former landlord has lost an appeal against the First-tier Tribunal’s decision to make the award against him. Angus O’Donoghue rented a property in Airdrie from Celtad Ltd from January 2020, a

The Upper Tribunal for Scotland has determined that the First-tier Tribunal has jurisdiction in respect of an action challenging the refusal of a school placing request for a child with additional support needs currently being educated outside the local authority area in which he and his family were