Case Reports

The Sheriff Appeal Court has allowed an appeal by a firm that sought the dismissal of an action raised against it by their former commercial agent in Scotland after it ruled that a plea of res judicata should have been accepted by the sheriff. Pursuer and respondent Hugh Beattie originally raised th

A man who was convicted of assaulting his sister and attempting to murder another man at her Edinburgh flat along with a co-accused and was sentenced to nine years’ imprisonment has lost an appeal against conviction in the High Court of Justiciary. It was argued by appellant Darren Hughes, who

The High Court of Justiciary has allowed appeals by two of four co-accused found guilty of murdering a man in a drive-by shooting against the imposition of serious crime prevention orders under the Serious Crime Act 2015 due to commence after their release from prison. Darren Eadie and John Kennedy

Two appeals by the Assessor for Lothian against decisions of the valuation committee in respect of damaged land on a Livingston industrial estate have been refused by the Inner House of the Court of Session. It was argued by the appellants that the committee was wrong to focus on whether a potential

A man who alleged that he had lost his left eye as a result of medical negligence necessitating its surgical removal has been allowed a proof in his action against the Greater Glasgow Health Board.  James McGraw, who was diagnosed with a form of skin cancer in 2013, alleged negligence on the pa

A Crown appeal against a trial judge’s decision to sustain an objection against the leading of a docket narrating that the accused in a rape trial had previously raped an ex-partner by removing a condom during consensual intercourse has been allowed by the High Court of Justiciary. Respondent

An appeal by two parents whose youngest children were removed from them following allegations of abuse have lost an appeal against a sheriff’s decision to uphold a children’s hearing decision in the Court of Session. Appellants LO and EO, who along with their children held dual nationali

The High Court of Justiciary has ruled that a Kirkcaldy sheriff erred in failing to grant an order prohibiting a man charged with offences against his former partner from conducting his own defence in respect of two of the listed charges. A Crown appeal was made after the sheriff refused to grant an

The UK Supreme Court has ruled that the Scottish Parliament does not have the inherent power to legislate for the holding of a referendum on Scottish independence, as such a law would relate to a reserved matter. A reference to the court was made by the Lord Advocate, Dorothy Bain KC, under Schedule

A judge in the English Court of Protection has ruled that the parents of a student who died from a stroke could not remove and store his sperm for the purpose of later conceiving a grandchild after an urgent hearing was convened to decide the matter. At the time of the hearing the relevant person, X

A life prisoner serving a custodial sentence for murder and other offences has successfully had a Parole Board decision refusing to direct his release on licence set aside after making a petition to the Outer House of the Court of Session. Petitioner Dean Ryan was sentenced to life imprisonment with

A former employee of a bed and breakfast has been awarded £1,085 in outstanding holiday pay after he brought a case against his former employers before the Employment Tribunal. Nikolay Nikolov was employed by Craigatin House & Courtyard Ltd from September 2021 to July 2022. He argued that

The Upper Tribunal for Scotland has ruled that the First-tier Tribunal erred in questioning the validity of a guarantee agreement between a private landlord and the parent of her tenant in an undefended action by the landlord for payment. Appellant Alice Woro sought payment from respondent Ian Brown

An Employment Tribunal judge has struck out a claim by a former employee of an Edinburgh game developer after ruling that her conduct during proceedings, in which she had alleged the respondent’s solicitor had abused and harassed her, had been unreasonable. Michelle Donnelly raised the claim a

A sheriff has determined under section 78 of the Extradition Act 2003 that a man who appeared before him at Edinburgh Sheriff Court under the name Arthur Knight was in fact a wanted fugitive sought by the United States of America to face trial. Nicholas Rossi, who was accused of rape in the state of