Case Reports

The Sheriff Appeal Court has upheld the decision of a summary sheriff that evidence of receipt of a service notice was necessary with any execution of postal service in simple procedure actions where no response is made by the respondent party. Appellant Cabot Financial (UK) Ltd sought decree of pay

[The facts of this case are explicit] A man who murdered his infant son has lost a High Court of Justiciary appeal against the length of the punishment part of his life sentence.

A Glasgow sheriff has ordered the operators of the SSE Hydro Arena to pay nearly £100,000 to an American religious charity after finding it had no defence for cancelling an event involving a controversial religious speaker. The Billy Graham Evangelistic Association, which arranged with Scottis

A 16-year-old girl who was prohibited from having contact with her seven-year-old brother has lost a judicial review case against a sheriff’s decision to refuse an appeal against the original decision of a children’s hearing to continue his Compulsory Supervision Order with the non-conta

The Sheriff Appeal Court has allowed an appeal by Scottish Water against a sheriff’s determination that it was liable for the severe illness of a herd of cattle on a farm on the Isle of Lewis as alleged by the farm’s proprietor after a re-examination of the evidence following an inadequ

The UK Supreme Court has allowed an appeal by HM Revenue and Customs against a decision of the Court of Session to allow for the recovery of historic input VAT by the NHS Lothian Health Board for private work undertaken between 1974 and 1997. NHS Lothian claimed unrecovered input tax in respect of p

The Inner House of the Court of Session has ruled that the policy of the Scottish Ministers to prioritise certain classes of high security prisoners for access to rehabilitative work is unlawful under the ECHR after a challenge to the policy was made by a prisoner serving an Order for Lifelong Restr

A prisoner who has been serving a life sentence for the murder of a nine-year-old boy since 1974 has failed in a challenge against the Scottish Ministers' decision to delay determining his application for a First Grant of Temporary Release. Brian Morrice was convicted of the murder when he was 17 ye

An appeal against a conviction on five charges of rape and assault against two separate complainers that took place between 1963 and 1997 has been refused by the High Court of Justiciary. Appellant JB, who was sentenced to eight years and six months' imprisonment, argued that the Crown had unreasona

An employment judge has refused to strike out a sex discrimination claim by an employee of NHS Lothian but has ordered her to pay a deposit of £1,000 in order to continue her case. Claimant Mrs M Hutton argued that she was carrying out work equal to a male comparator for less pay and thus was

The UK Supreme Court has determined that HM Revenue and Customs has the power to refuse to accept a taxable person’s self-assessment claim and decide at a later date to pay a lower amount than was claimed after an appeal by a Scottish optician business. DCM Optical Holdings Ltd, which trades a

The Inner House of the Court of Session has found that the Scottish Legal Complaints Commission is not entitled to apply for the production and delivery of privileged legal documents from a solicitor under section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007. The matter arose followi

A Lord Ordinary has determined that a farmer who rented grazing land in the north of Scotland was in breach of a 2015 oral agreement on the payment of Scottish Government farming subsidies and therefore liable to make payments to the landowners. Golden Lane Securities Ltd and Christopher Moran &

The Inner House of the Court of Session has rejected a reclaiming motion by the insurers of a Maltese tour company against a decision to dismiss a personal injury action raised against them due to the state immunity of a third party. Pursuer Simon Morrison originally raised the action for damages ag

An appeal by a Polish citizen against a sheriff’s order to extradite him to Poland to serve a suspended prison sentence for mobile phone robberies he committed as a teenager has been refused by the High Court of Justiciary. Adam Osipczuk sought to argue that he was not a fugitive within the le