Case Reports

A Bill of Advocation by the Procurator Fiscal, Glasgow challenging the refusal of a sheriff’s motion to adjourn a trial to secure the attendance of an essential witness has succeeded in the Sheriff Appeal Court (Criminal Division). The respondent, Robert McIntyre, was charg

The Outer House of the Court of Session has rejected a petition for judicial review by six hospitality businesses and a commercial let operator in Edinburgh challenging the Scottish Ministers’ decision to continue the operation of Level 3 Covid-19 restrictions in the city.&

The European Court of Human Rights has rejected the applications of three symphysiotomy victims in Ireland as being “manifestly ill-founded”. The women, who are to remain anonymous, claimed that Ireland had breached their human rights by preventing them from pursuing complaints that the

The High Court of Justiciary has determined that a man who was charged with causing two deaths by dangerous driving could not also be charged with perverting the course of justice by stating his defence to the charge. The defence given by Graham Turner to the dangerous driving ch

The Sheriff Appeal Court (Criminal Division) has allowed separate appeals by two men convicted of drink driving against the length of their respective driving bans. Graham Hendry and Walter Grant both pled guilty to charges in contravention of Section 5(1)(a) of the Roa

A South African national who challenged his deportation from the UK on the ground that he was required to look after his mother has had his petition challenging the decision of the Upper Tribunal not to allow him an appeal refused. Ferdinand Pieterse was unsuccessful in appealing the decision o

A former dentist who was removed from the register for failing to disclose a viral medical condition he was diagnosed with in 2010 has lost his appeal against the decision of the General Dental Council. The appellant, X, challenged a decision of the Council’s Professional Conduct Com

A man who claimed $210 million in damages for loss said to have been suffered partially because of a conspiracy to facilitate a breach of fiduciary duty by a solicitor has had his action dismissed in the Outer House of the Court of Session. Robert Kidd raised the action against eight defen

The English High Court of Justice (Queen’s Bench Division) has granted judicial review of a judge’s decision not to extend the custody time limit (CTL) for a suspected drug dealer, but refused to allow a review challenging an extension for a teenager accused of perverting the c

The English High Court of Justice has ruled that children aged 15 or younger would be unlikely to be able to give effective consent to the administration of puberty-blocking drugs (PBs), but those aged 16 and over would have the ability to consent to their use. The claimants, listed on the

An English solicitor who was fined for misconduct after engaging in sexual activity with a junior in his legal firm has succeeded in reversing the decision after appealing under the Solicitors Act 1974. The misconduct action was originally brought by the Solicitors Regulation Authority&nbs

The Upper Tribunal for Scotland has allowed an appeal by the former co-tenant of a flat in Edinburgh after it was ordered to reconsider her case by the Court of Session. Kate Affleck, the appellant, was one of four tenants of a flat owned by the respondents, Chris and Sarah Bronsdon.

A reclaiming motion against the refusal of a petition for judicial review challenging the validity, purpose, conduct and decisions of a local authority ratings committee has been refused by the Inner House of the Court of Session. The petitioners and reclaimers, David Booth and H

An Indian woman who challenged a decision not to grant her judicial review of the decision to refuse her a UK visitor’s visa has had her appeal allowed by a 2-1 majority in the Inner House of the Court of Session.  The petitioner and appellant, GK, sought to visit the UK for one

The former director of a media company who objected to the amount of legal expenses he was calculated to owe to his former employer has been unsuccessful in challenging the decision.  In the action by CJC Media (Scotland) Ltd against Kenneth Sinclair, a former director of the com