Case Reports

A convicted prisoner detained at HMP Barlinnie subject to an order for lifelong restriction has had his petition for judicial review of the decision of the Scottish Ministers and Glasgow City Council not to conduct any risk assessment exercises in relation to him refused.  Thomas O’Leary&

A patent infringement appeal brought against the UK branch of the telecommunications company Huawei has been dismissed by the UK Supreme Court after the company challenged the decision by the English Court of Appeal to uphold the trial judge’s order. Unwired Planet International Ltd, the respo

A mother who was found by the English High Court of Justice to have wrongfully retained her children in England after moving from Germany with them has successfully appealed the decision in the Court of Appeal (Civil Division).  The children, aged 6 and 8 at the time of the application, ha

The defender in a personal injury case who sought decree that a settlement offer by the pursuer could not be withdrawn impliedly even in a change of material circumstances has had its motion refused by the All-Scotland Sheriff Personal Injury Court in Edinburgh. The pursuer, Maxwell D

A mother who applied for an order under the Child Abduction and Custody Act 1985 on the basis that her child had been wrongfully retained in Scotland has had her petition refused on the ground that the child was not habitually resident in Italy. The petitioner, JP, shared parental res

A Chinese citizen who claimed to be at risk of persecution in China because of his practise of the banned Falun Gong religion has lost his appeal against a decision by the Home Secretary to treat his further submissions as a fresh claim. Zuo Hui Xie raised a petition for judicial review of the decis

A teenager who was sentenced to four years’ imprisonment after committing an assault with a knife has had his sentence reduced by eight months on appeal.  The appellant, known as JB, argued that the original sentence of six years’ imprisonment, discounted to four years on account of

A Polish national who sought a return order under the Child Abduction and Custody Act 1985 in respect of his daughter, who had been taken to Scotland in 2019, has had his petition refused following an appeal by the child’s mother.  The petitioner, W, and the first respondent, A, had lived

The mother and legal guardian of a man with Down’s Syndrome has been unsuccessful in her challenge of a decision of Glasgow City Council that he must pay a contribution to the costs of services provided to him.  Terri McCue, the guardian of Andrew McCue, originally sought judicial review

A man who was found guilty of pursuing two sisters in a car and striking their vehicle with a scythe whilst subject to an undertaking to appear at Aberdeen Sheriff Court has had his appeal against conviction refused. Alexander Burke Sr, who was charged alongside his son Alexander Burke Jr, argued th

Four crofting townships near Stornoway have had their appeal against decisions by the Crofting Commission to refuse to approve their proposals for of the installation of community-owned wind farms on their grazing refused. In the special case stated by the Scottish Land Court, crofters having rights

A milk delivery man who was injured while delivering milk to the Scottish National Portrait Gallery in Edinburgh has successfully appealed against a decision granting decree of absolvitor to the gallery’s controlling organisation. Andrew Wright, an employee of Graham’s Family Dairy, orig

A Scottish man who was injured in a quad bike accident while on holiday in Greece has been unsuccessful in obtaining damages in relation to his injuries. Keith Fitzsimmons claimed he was injured when the quad bike came into contact with a tanker whilst on the road. As the driver could not be located

The Outer House of the Court of Session has allowed a proof to determine the true creditors of the incorporated joint venture responsible for the construction of the Aberdeen Western Peripheral Route in an action of multiplepoinding raised at the instance of the joint venture. Of the original 18 def

A strawberry farmer in Arbroath who was supplied with defective polythene sheeting has succeeded in establishing that the contractual dispute between his company and the sheeting’s supplier could be heard in the Scottish courts.  Peter J Stirling Ltd, of which Peter Stirling was the sole