Case Reports

A 20-year-old man charged with having possession of indecent photographs of children has lost an appeal against a trial sheriff’s decision that images recovered from a cloud storage website based in New Zealand accessed using a password found on his smartphone could be led as evidence. The man

The Inner House of the Court of Session has ruled that the Scottish Information Commissioner was correct to determine that the Scottish ministers held information stored in a restricted system for an independent advisor concerning an investigation into whether former First Minister Nicola Sturgeon h

The Sheriff Appeal Court has allowed an appeal by the purported owner of a disputed piece of scrubland on the Ardnamuchan peninsula against a sheriff’s determination that the owners of adjoining land had in fact acquired it in 1992 when they purchased a farm there.

A final appeal by an American man who had resisted his extradition to the USA on the basis that he was not the person named in two extradition requests has been refused by the High Court of Justiciary. Nicholas Rossi challenged the decision of the Scottish ministers to extradite him for trial in the

A man who was jailed for 12 years for repeatedly abducting another man when he was a teenager and subjecting him to sexual abuse has lost an appeal against conviction and sentence before the High Court of Justiciary. Scott Faulkner, who received a cumulo sentence of 12 years’ imprisonment in r

An Aberdeen man who tried to headbutt a police officer that attended at his home and arrested him has lost an appeal by stated case against his conviction before the Sheriff Appeal Court. It was argued by Paul Matthews that the Crown had failed to corroborate evidence that the police constable was a

A serving police officer who was investigated for failing to comply with an order requiring him to take a drugs test has lost a judicial review petition against the decision of Police Scotland to proceed with the investigation. The petitioner, D, had previously been investigated by Police Scotland o

A sheriff of the Upper Tribunal for Scotland has reduced a decision of the First-tier Tribunal not to allow an appeal by a disabled man in Hamilton against his local authority’s refusal to reduce his council tax banding. Ian Bell had sought the reduction from South Lanarkshire Council in terms

A Lord Ordinary has ruled that the UK government acted lawfully in vetoing the Scottish Parliament’s Gender Recognition Reform Bill from receiving lawful assent, after a legal challenge to the block was brought by the Scottish Ministers. It was argued for the petitioners that the preconditions

A lord ordinary has ruled that the assignee of a property development company had a sufficiently relevant case for a proof in an action in which he alleged a fellow director had dishonestly acquired a development site for his own company, resulting in the administration of the company they were both

A Glasgow man who was given a penalty notice after driving through a bus lane has been allowed a limited appeal to the Upper Tribunal for Scotland after arguing that the markings were not sufficiently clear until the area he had been photographed in. It was argued by John Hazard that the bus lane he

The Sheriff Appeal Court has refused an appeal by a housing developer against a sheriff’s summary decree ordering it to pay £100,000 to a local authority as part of an agreement concerning a local housing development the authority granted it planning permission for. Guild Homes (Tayside)

An appeal by the tenants of a property in Dollar against a First-tier Tribunal decision to grant their landlords an eviction order has been allowed by the Upper Tribunal for Scotland. Caroline Manson and David Downie, the tenants of a property owned by Virginie and Iain Turner, argued that the FTS h

A lord ordinary has ruled that a decision of the City of Edinburgh Council to designate the whole of the city as a short-term let control area did not have retrospective effect after a challenge was brought by the director of a company that owned properties used for secondary short-term lets and ano

The tenant of a property on a country estate in the Scottish Borders has lost an appeal against the First-tier Tribunal’s decision not to make a determination of rent before the Upper Tribunal for Scotland, after the Tribunal found that it was temporarily not possible for the FTS to make such