Case Reports

The Upper Tribunal for Scotland has granted an appeal by a local authority which challenged a First-tier Tribunal decision that a man who parked at a railway station for 10 minutes without paying in order to collect tickets ought not to have been issued a penalty charge notice. The appeal by Fife Co

A double glazing manufacturer has succeeded in establishing that it had a binding contract with one of its customers under which they agreed to buy glass exclusively from it from 2016 to 2020.  Supaseal Glass Ltd contended that Inverclyde Windows Manufacturing Ltd was in breach of contract for

A judicial review action by a man seeking asylum in the UK who was seriously injured in a Glasgow hotel in a stabbing incident has been refused by the English High Court.  Claimant MG argued that the Secretary of State for the Home Department was obliged to commission an independent investigati

The UK Supreme Court has held that holiday pay for part-year workers is to be calculated on the same basis as full-time employees after dismissing an appeal by the employer of a part-time music teacher against a decision of the English Court of Appeal, and the Employment Appeal Tribunal before it, t

An appeal by the mother of a child with global developmental delay challenging the making of a permanence order in respect of her child has been refused by the Sheriff Appeal Court. A permanence order in respect of the child, A, was granted in April 2022, with contact between A and his mother permit

A passing off claim relating to the name of the Rubettes, a pop band that enjoyed success in the 1970s, by one of its founding members against two of the others has been successful before the English High Court. Alan Williams, and his company Alan Williams Entertainments Ltd, raised the claim agains

A sheriff has ruled following a fatal accident inquiry that the death of a self-employed Glasgow window cleaner who died after falling off a third-floor window ledge could have been avoided. Kenneth McGready, born 12 October 1950, died while working at a properly on Lansdowne Crescent on 22 Septembe

A Vietnamese national who was refused permission to appeal his asylum case to the Upper Tribunal had had that decision reversed after bringing a judicial review petition in the Outer House of the Court of Session.  Petitioner HHP, a victim of human trafficking, argued that the First-tier Tribun

The High Court of Justiciary has refused an appeal against conviction by a man convicted of assaulting his six-year-old son and another young child after he challenged the manner in which he had been convicted of the first charge. It was argued by the appellant, WM, that the trial judge had incorrec

A man convicted of 14 charges including rape, domestic assault, indecent communications and threatening behaviour against four separate complainers has lost his appeal against conviction. Appellant DM argued that the trial judge had failed to provide specific directions identifying the charges which

An appeal in a dispute over the boundary of two gardens of neighbouring Inverness properties involving a strip of land less than 1 metre wide has been refused by the Sheriff Appeal Court. Margaret Dougherty, the proprietor of 110 Old Edinburgh Road, raised the action in the Sheriff Court against her

The Sheriff Appeal Court has set aside orders made by a sheriff under the Children (Scotland) Act 1995 in respect of a dispute between two divorced parents both seeking residence orders for their three daughters after finding that the sheriff had given inadequate reasoning for his decisions. The she

An East Kilbride man who was sentenced to two and a half years’ imprisonment for assaulting his partner with a glass bottle during an argument in the early hours of Boxing Day 2018 has lost an appeal against his conviction. Gordon Campbell was convicted of a single charge of assault to severe

A petition by a prisoner with Asperger’s syndrome challenging a decision not to allow him to progress from closed conditions to community release has been determined by a Lord Ordinary to be academic. Neil Robertson challenged a decision made on 8 November 2019 by a risk management team assess

A motion by a supplier of farming equipment to have a claim against it dismissed by reason of prescription has been refused by a judge in the Outer House of the Court of Session.  The firm of C&L Mair Ltd, the pursuer, had contracted with Mike Dewis Farm Systems Ltd for the supply and insta