Case Reports

A copyright judge in the English High Court has found that an interactive dining experience based on the classic sitcom Only Fools and Horses infringed copyrights held by a company controlled by the family of the show’s creator.  Shazam Productions Ltd raised claims of copyright infringem

An appeal by a car dealership against a sheriff’s decision to order a proof in an action raised by a woman seeking a refund on the cost of a Bentley SUV has lost an appeal against the decision in the Sheriff Appeal Court.   Parks of Hamilton (Townsend Garage) Ltd sold the £141,

A sheriff conducting a fatal accident inquiry into the death by hanging of a prisoner in HMP Barlinnie has concluded that there were no recommendations he could make to help prevent similar deaths. The deceased, Scott Hannah, died on 27 November 2019 within his cell at 6:50am. The inquiry heard evid

A landlord who was ordered in his absence to pay £700 to a former tenant for an alleged breach of tenancy deposit regulations has successfully had the case remitted to the First-tier Tribunal for reconsideration. Graham Devine appealed to the Upper Tribunal for Scotland following an initial ap

A Dundee sheriff has granted an application by the Accountant in Bankruptcy for reduction of a 2017 disposition of heritable property in favour of a sequestrated man and his second wife and ordered the couple to execute a fresh disposition in the AiB’s favour. Graeme Allan, the first defender,

An appeal by a man charged with fraud and money laundering against a sheriff’s decision not to grant an application for the disclosure of the prior convictions of an individual mentioned in his special defence of incrimination has been refused by the High Court of Justiciary. The appellant, MA

The Inner House of the Court of Session has refused an appeal by a whisky distillery against a judge’s decision not to grant interdict in a trade mark infringement case brought against another company proposing to develop a retail site in a village near the distillery. Tomatin Distillery Compa

A retired HGV driver who was given a custodial sentence for causing a death by driving without due care and attention has lost his appeal against the sentence in the High Court of Justiciary. Ian Moorhouse pled guilty to a contravention of section 2B of the Road Traffic Act 1988 and was sentenced to

A journalist who was sued by pro-Brexit businessman Arron Banks for libel in relation to a TED talk video and a tweet has prevailed in the High Court of Justice (Queen's Bench Division). The court found that although the statements in the video were defamatory, there was a legitimate public interest

The Court of Justice of the European Union has confirmed that UK citizens no longer possess EU citizenship after it was asked to rule on the topic by a British woman living in France. The woman, EP, was challenging her removal from the French electoral roll, which in turn required the French court h

A Scottish actor who was sentenced to three years’ imprisonment for sexual assault has successfully had the length of his sentence reduced by a year. Kevin Guthrie challenged his conviction and sentence, arguing that his legal representation at trial had been defective in its handling of evide

The Inner House of the Court of Session has ruled that a deceased man who resembled and had the same date of birth as a deceased woman’s third husband was in fact the man she had married in 1991. Directions were sought by Janusy Tomala, the executor dative of the late Elizabeth Don, subsequent

A plater who was made redundant from his job in a workshop at the Port of Dundee has lost an unfair dismissal claim based on an error in an employee scoring matrix before the Employment Tribunal. The claimant, Mr G Swinton, aged 61, was made redundant from his position at Texo Group Ltd on 5 January

The Upper Tribunal for Scotland has ordered a landlord to pay nearly £1,400 to a tenant after quashing the First-tier Tribunal’s decision that payments intended to reimburse the landlord for a council tax payment were not an illegal premium in terms of the Rent (Scotland) Act 1984.

A man convicted of raping his stepdaughter and another teenager has lost an appeal against the conviction in the High Court of Justiciary. The appellant, GC, argued that an affidavit provided by a witness, MB, to his solicitors following his conviction amounted to fresh evidence in terms of the Crim