Case Reports

An Edinburgh sheriff has ruled that a £35 charge for the storage of secure data and call recordings could not be recovered from the estate of a debtor for the purposes of insolvency legislation after an appeal under section 188 of the Bankruptcy (Scotland) Act 2016 was made against a

An Edinburgh sheriff has refused to order the extradition of a Polish man who was wanted in Poland to serve a six-month custodial sentence for mercantile fraud on the ground that there would be a disproportionate effect on his family if he did so. Extradition proceedings were raised against RM by th

A petition to the nobile officium of the Court of Session by a mother of four children in Glasgow who became subject of criminal proceedings following a referral under section 67 of the Children’s Hearings (Scotland) Act 2011 has been refused. It was alleged that the petiti

A sheriff in Hamilton Sheriff Court has convicted the driver of a car transporter of an offence of dangerous driving under section 1A of the Road Traffic Act 1988 after a car slid off the back of the transporter and injured a pedestrian. It was argued by the procurator fiscal that Gordon M

A secondary school teacher who was hit on the head by a wooden partition while teaching at a school in Dundee has failed to prove before the Outer House of the Court of Session that his mental health deteriorated as a result of the accident. Fenrir Thorvaldsen claimed that the accident had left him

A woman who was convicted of sending offensive messages to her MP has lost an appeal by stated case against the trial sheriff’s decision to repel a no case to answer submission under section 160 of the Criminal Procedure (Scotland) Act 1995. Vaiva Sutinyte was convicted of an offence unde

A man who was detained in various hospitals in the Glasgow area after being found unfit to stand trial in criminal proceedings has had an action for damages against the Greater Glasgow and Clyde Health Board rejected by the Sheriff Court. Daniel Boyle was detained in a hospital designated as a high

The Inner House of the Court of Session has ruled that a “success fee” payable to the solicitor of a successful defender to a debt recovery action was not recoverable from the unsuccessful party that sought payment of the debt. The appellant, Catherine Weir, was originally the defender i

The High Court of Justiciary has upheld the decision of a preliminary hearing judge in respect of an application by a man charged with three counts of rape to reject the introduction of evidence concerning events following the sexual encounter described in the third charge, including legal proceedin

An appeal by the sisters of a Glasgow man with potentially terminal kidney disease seeking an order requiring him to comply with directions about future lifelong medical treatment has been allowed by the Sheriff Appeal Court. The appellants, RM and SB, were the appointed joint guardians of PKM, a 47

A US-based non-profit organisation that challenged the approach of the Scottish Ministers to the making of Unexplained Wealth Orders under the Proceeds of Crime Act 2002 has had its petition for judicial review refused by a judge in the Outer House of the Court of Session. The Avaaz Founda

A sheriff in Dunfermline has determined that the death of a man who was electrocuted while operating a hedge trimmer could have been avoided if a risk assessment had been carried out on the area he was working in. The deceased, David Anderson, was a self-employed landscape gardener. He was declared

A commercial judge in the Outer House of the Court of Session has refused to sist proceedings brought by the trustees of a pension fund against the sole employer liable to pay contributions to it. It was averred by the defender, British Polar Engines Ltd, that the matter of dispute in the action rai

An assistant head teacher at a school in Rochdale who retired after his cheekbone was fractured by a pupil has lost an appeal against an English court’s decision to reject his negligence claim against his former employer. Colin Cunningham argued that Rochdale Metropolitan Borough Council had f

Two applications by former tenants of Glasgow properties made after their landlords failed to place their tenancy deposits into an approved tenancy deposit scheme have resulted in awards of £500 and £6,000 from The First-tier Tribunal for Scotland’s Housing and Property Chamber. Iv