Case Reports

The shareholders of a liquidated company that owned a £3.25 million property in Edinburgh have succeeded in a reclaiming motion challenging a Lord Ordinary’s decision to refuse to grant them decree for payment of their shares of the sale proceeds. Colonnade Properties Ltd and other trust

A Sheriff Principal has ruled that it is possible to appeal against a refusal to grant an application for recall in simple procedure actions after the issue was raised in an action by a couple against a plasterer for allegedly defective work. Appellant David Bell argued that the sheriff had erred in

A Guinean football player who sought a UK visa in order to undergo trials with professional clubs in Scotland has lost a judicial review case against the Home Secretary’s latest decision to refuse his application. Mohammed Camara, who had been trying to obtain a UK visa since he was 18, argued

A Lord Ordinary has absolved the operators of a leisure centre in Perth of any liability arising from alleged sexual abuse committed by one of its former employees against two brothers in the 1980s. Pursuers C and S alleged that first defender Norman Shaw, formerly an employee of Live Active Leisure

An appeal by a child accused of wilful fire-raising against a sheriff’s decision to extend the 12-month time bar in respect of his case, which had yet to proceed to a trial diet, has been refused by the High Court of Justiciary. Appellant BS was accused of setting fire to the Wester Hailes Edu

A Lord Ordinary has overturned a decision of the City of Edinburgh Council to limit the number of adult entertainment venues in the city to zero from April 2023 after a group of club owners applied for a judicial review of the decision. Kaagobot Ltd, Y11JTR Ltd, and Netherview Ltd, as well as an emp

The Inner House of the Court of Session has refused an appeal by an airline against a finding that it was responsible for excess damages arising from the injury of a paraplegic passenger who fell from a wheelchair while being pushed along an air bridge. EasyJet Airline Co Ltd argued that they were n

A partnership that claimed that the Royal Bank of Scotland had misappropriated its funds instead of using them for the repayment of a loan agreement between the parties has had its petition for return of the funds dismissed. LD Partnership sought orders for disclosure of the whereabouts of the missi

A Crown appeal against a four-year sentence given to a former GP after he was convicted of raping a woman in a hotel room in Stirling has been refused by the High Court of Justiciary. The respondent, MG, a foreign national with indefinite leave to remain in the UK, was convicted after trial of rapin

A judge of the Upper Tribunal for Scotland has quashed an eviction order following an appeal by the tenants of a property in Armadale after finding that the First-tier Tribunal had wrongly classed the tenancy as a private residential tenancy. Siblings Gerard and Katrine Boyle sought to challenge the

A Moroccan national who attempted to claim asylum in the UK based on his membership of an “ultra group” supporting a Casablanca football team has lost a judicial review claim of the decision to reject his application. Petitioner AC, who was temporarily residing in Glasgow while his appli

A former advocate who was convicted of historical sexual abuse against four complainers between 1973 and 1987 has lost an appeal against conviction and sentence before the High Court of Justiciary based on the existence of a paedophile ring of prominent advocates in Edinburgh in the 1970s. John Watt

A 52-year-old woman who fell down a concrete staircase outside a residential housing complex in Banchory has been awarded £17,000 in damages after a personal injury sheriff ruled that the company responsible for maintaining the staircase had acted negligently. Karla Hodgson sustained a traumat

An appeal by a local authority against a Lord Ordinary’s decision that it was in breach of its duty towards a homeless family that was granted asylum in the UK has been allowed by the Inner House of the Court of Session. It was argued by Glasgow City Council that the Lord Ordinary had erred in

A Pakistani journalist who claimed that he had been defamed by various actions by political activists who posted material to the internet alleging he was corrupt has been successful in his case before the English High Court. Claimant Murtaza Shah raised the action based on the content of a petition