Case Reports

A Hamilton sheriff has allowed for a personal injury action by a woman who sought damages from her husband on the ground that he raped her to proceed despite it falling outside of the normal three-year time limit on such actions. Pursuer AM sought permission for the action under section 19A of the P

The High Court of Justiciary has refused an appeal against conviction by a man sentenced to 30 months’ imprisonment on various charges of lewd and libidinous practices towards three children. Appellant JH argued that in respect of the sixth charge against him, for which he was sentenced to 18

A Stornoway sheriff has allowed a proof in a dispute between an Aberdeen firm of solicitors and their commercial landlord over whether they had validly terminated the lease of their business premises. Iain Hingston, the sole director of Hingston’s Law Ltd, along with employees Graeme Murray an

An NHS clinical support worker at Edinburgh Royal Infirmary who was injured by a patient brought in by the police has lost a personal injury case against the Chief Constable of the Police Service of Scotland. Beverly Gilchrist, aged 57, argued that her injuries were the responsibility in law of the

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