Case Reports

Matthew McGovern writes about the sentencing young people guideline in the wake of the Hogg case. The Appeal Court have spoken: Sean Hogg’s conviction has been overturned (this is the accused who had received a Community Payback Order after being convicted of raping a 13-year-old girl). G

A commercial judge has ruled that the joint administrators of two companies were in breach of good faith obligations under a deposit and exclusivity agreement it entered into with a company seeking to purchase an Aberdeen papermill from them. ATE Farms Ltd, which entered negotiations with the admini

The High Court of Justiciary has reduced the sentence of a man given a 37-month prison sentence for supplying a dangerous substance sold as an unlicensed weight loss supplement after he successfully argued that the sentence was excessive. It was argued by Jamie George, who sold the substance to pers

A commercial judge has dismissed an action against a former director of a Scottish football club suffering from financial difficulties after it raised an action seeking £148,000 from him on the ground of breach of fiduciary duty. Livingston FC Ltd claimed that Neil Hogarth had misappropriated

The High Court of Justiciary has acquitted a man given a community sentence for raping a 13-year-old girl in a park in Midlothian after an appeal was made challenging directions given to the trial jury. Counsel for appellant Sean Hogg argued that the trial judge had misdirected the jury as to the co

A Kilmarnock takeaway manager who sexually assaulted a 17-year-old employee at the end of her work shift has lost an appeal by stated case against his conviction. It was argued by appellant Bhupinder Singh, who was given 150 hours of unpaid work for the offence, that the sheriff erred in repelling a

The Sheriff Appeal Court has held that a Glasgow sheriff was correct to find that the term “hun” used in a footballing context was a sectarian remark capable of aggravating an offence by religious prejudice after an appeal against conviction by a Celtic supporter who used the term when a

An Aberdeen man who was banned from driving for 16 months following his expected release from prison in 2025 after driving dangerous at the Aberdeen beachfront has lost an appeal against his sentence before the Sheriff Appeal Court. Bradley Young, who was convicted of dangerous driving in and around

A lord ordinary has dismissed an action raised against the Clydesdale Bank in which a business owner who was mis-sold a tailored business loan sought to recall a decree of absolvitor granted in a 2013 legal action he also raised against the bank. John Glare had sought to establish that his business

The owner and landlord of the site of a former whisky distillery in Elgin has been largely unsuccessful in an appeal against a decision of the UK Intellectual Property Office in relation to a trade mark dispute between the landlord and a tenant using one of its warehouses to provide whisky maturatio

A British man wanted to face trial for a £2.3 million VAT fraud in Poland which he was said to have committed as part of an organised crime group has lost an appeal against an Edinburgh sheriff’s grant of an extradition order made against him. It was argued by appellant AH that it would

An appeal against a sheriff’s decision to suspend contact between a father and his 13-year-old daughter after he failed to return her following a period of residential contact has been refused by the Sheriff Appeal Court. It was argued by the appellant, F, that the sheriff had failed to afford

The Inner House of the Court of Session has redetermined the issue of financial provision in a divorce action where the primary matrimonial assets were shares in a limited company, after an appeal was made by the wife on the basis that she ought to have been paid the value of her shares. Pursuer and

The Inner House of the Court of Session has refused an appeal by a serving life prisoner against a decision not to provide him with data requested under the Freedom of Information (Scotland) Act 2002 that he maintained would prove he was innocent of the murder of Barry Wallace in 1999. William Beggs

A former teacher at a nursery in Inverness who made protected disclosures about practices within the nursery and suffered detriment has won an appeal challenging the Employment Tribunal’s finding that a decision by the General Teaching Council of Scotland to investigate a complaint made by her