Case Reports

A freight company that sought over £230,000 from a firm of solicitors on the basis that it provided negligent advice during a contentious settlement discussion with a former contractor has been unsuccessful in an action before the Outer House of the Court of Session. Ronnie O’Neill Freig

A challenge to the legislative competence of the Cost of Living (Tenant Protection) Scotland Act 2022 and its imposition of a rent cap and eviction moratorium on private residential tenancies has been refused by a Lord Ordinary in the Outer House of the Court of Session. It was argued by the Scottis

An appeal against a Lord Ordinary’s decision that revised guidance on the meaning of the word “woman” as contained in the Gender Representation on Public Boards (Scotland) Act 2018 is lawful has been refused by the Inner House of the Court of Session. In a previous petition, For Wo

An appeal against conviction by a man who committed 14 assaults against his former partner based on a trial sheriff’s non-withdrawal of a jury direction that he later conceded could not be used to achieve a conviction has been refused by the High Court of Justiciary. Counsel for appellant DM a

A judicial review petition by a vehicle repair business challenging the lawfulness of the imposition of a Low Emissions Zone in Glasgow City Centre has been refused by a judge in the Outer House of the Court of Session. John Paton & Sons Ltd argued that . Glasgow City Council’s position wa

The holding company responsible for easyJet and other related businesses with ‘easy’ in their names has lost an appeal against a judgment of the High Court of England and Wales that a business called “EasyOffices” had not infringed on its trade marks and the revocation of its

The High Court of Justiciary has extended the custodial sentence of a man convicted of forcefully raping three previous partners after an appeal against the leniency of his original sentence by the Crown.  Respondent RM was convicted of three charges of rape against three complainers, each of w

The UK Supreme Court has ruled that a Scottish company director had acquired a securities option from his company as part of measures to financially rescue it and became subject to income tax after an appeal against an Inner House decision to the opposite effect was made by HM Revenue and Customs. V

An English judge has ruled that a mother who objected to her baby being given routine vaccinations on religious grounds could not have her local authority injuncted from giving him vaccinations while he was placed into care. UPP, the mother of the child, maintained it was not in his best interests t

A personal injury sheriff has refused a motion for expenses by a successful defender in a case covered by qualified one-way cost shifting after rejecting their argument that the pursuer’s conduct had been unreasonable. Defender Robert Mykytyn, who was granted decree of absolvitor in an action

The Supreme Court has ruled that a woman whose father died in a bomb explosion orchestrated by the IRA in 1988 could not challenge a decision by the Attorney General of Northern Ireland not to further investigate the death. It was the position of the AGNI that the Human Rights Act 1998 did not impos

A personal injury sheriff has found the expenses of a settled claim arising out of a road accident should be paid by the pursuer after he accepted a pre-litigation offer five days prior to a proof. Pursuer John Carty, who was involved in an accident in May 2021, had raised a claim against Churchill

A full bench of the High Court of Justiciary has confirmed that a witness testifying to the de recenti distress of a complainer is capable of corroborating direct evidence from a complainer that she has been raped. The reference arose from a case in which the respondent was charged with the assault

A Glasgow man who was jailed for 40 months after pleading guilty to assaulting his partner’s brother and causing considerable damage to vehicles with his van afterwards has had his cumulative sentence reduced by eight months on appeal to the High Court of Justiciary. Counsel for Alan James arg

The Supreme Court has rejected an appeal challenging a decision which found that police officers and staff in the Police Service of Northern Ireland (PSNI) were historically underpaid holiday pay since 1998, up to a total value of £30 million. Delivering the judgment, Lord Kitchin and Lady Ros