Case Reports

The Civil Division of the Sheriff Appeal Court has remitted a claim made under Simple Procedure rules for the return of a television to its original owner back to the sheriff after it was ruled that he was not entitled to determine that its prospective purchaser had failed to comply with an unless o

A Crown appeal concerning whether it was entitled to libel in a docket the occurrence of an accused’s sexual assault conviction in another jurisdiction has been allowed by the Appeal Court of the High Court of Justiciary. Ronald Adams, the respondent, had previously pled guilty to a simil

A woman whose ex-partner forged her signature on a standard security over her home in Edinburgh has successfully had the document reduced by Edinburgh Sheriff Court. Gillian Pearce stated she was not aware of the security granted in favour of David Myers until two years after its

A Crown appeal against the Sheriff Appeal Court’s decision to quash the convictions of three men who wore allegedly offensive T-shirts to a football match between Celtic FC and Linfield FC has succeeded in the High Court of Justiciary. Daniel Ward, Martin Macaulay and Ryan

A sheriff has ordered the discharge under the Extradition Act 2003 of an Albanian national who had a European Arrest Warrant issued against him after he failed to attend a trial for attempted murder in Italy.  An application was brought on behalf of a court in Trieste, Italy, by the&n

An appeal by the Crown to the High Court of Justiciary against the sentencing of a man convicted of statutory sexual offences involving his niece, a child under the age of 13, has succeeded. At the original sentencing diet of the respondent, JB, aged 55, the sheriff made a community p

A judge in the Outer House of the Court of Session has ruled that three former members of a centuries-old Aberdeen association who were expelled for an alleged rule breach were not immune to expulsion by virtue of a change in their membership status. Kevin Brown, Alan Davidson, and&nb

A sheriff in Glasgow has made an order under the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 in order to prevent the parents of an Indian student studying in the UK from attempting to force her into a marriage. The pursuer, referred to as AB, alleged that he

The Civil Division of the Sheriff Appeal Court has allowed an appeal by an Edinburgh university after a sheriff dismissed its action for payment against a former postgraduate student dismissed for jurisdictional reasons. Heriot-Watt University sought payment of £7,000 from its f

The High Court of Justiciary has refused six conjoined appeals against conviction by a group of men convicted of conspiring to murder a family in Glasgow. Brian Ferguson, Andrew Gallacher, Robert Pickett, Andrew Sinclair, John Hardie, and Peter Bain were sente

A man who was imprisoned for carrying a stun gun disguised as a mobile phone has been successful in challenging the length of his sentence in the Appeal Court of the High Court of Justiciary. Ronald McMahon, aged 57, pled guilty to an offence under section 5(1A)(a) of the Firearms Act 1968

A sheriff in Glasgow has removed the parental rights of a convicted rapist in respect of his son and determined that it would not be in the best interests of the child to have any form of contact with him while still allowing him to have letterbox contact with his daughter. Proceedings for contact w

A probationary mathematics teacher with Asperger’s syndrome has had the decision to remove him from the teaching register set aside by the Inner House of the Court of Session. The appellant, MS, argued that the Fitness To Teach Panel of the General Teaching Council of Scotland&n

A Pakistani citizen who challenged the decision to remove him from the UK on the grounds of his family life has had his petition for judicial review of the Upper Tribunal’s decision not to permit him to appeal the decision refused. Muhammad Javaid argued that the Upper Tribunal had failed

An appeal by the executors of a late farmer’s estate against a sheriff’s decision that a right of pre-emption in the feu disposition of his farm had survived the abolition of feudal tenure has been refused by the Civil Division of the Sheriff Appeal Court. Turcan Connell (Trustees)