Case Reports

Three men who were convicted of committing a breach of the peace after attending a Celtic FC game wearing T-shirts with IRA imagery have had their convictions quashed by the Sheriff Appeal Court (Criminal Division). Daniel Ward, Martin Macaulay and Ryan Walker argued that the she

Two companies which were at odds over whether a dispute over a contract between them for the sale of metal products had been resolved have had the issue resolved in favour of the original seller. The pursuer, Donald McCarthy Trading Pte Ltd, contracted with Ireland Alloys Ltd for the

The High Court of Justiciary has refused to order the recovery of two protectively marked documents (PMDs) by the legal team appealing the conviction of the late Abdelbaset al-Megrahi following a recommendation by the Scottish Criminal Cases Review Commission. The documents were

A tenant of commercial premises in Granton, Edinburgh, has been unsuccessful in its action against an agent of its landlord for reduction of invoices and repayment of sums it alleged were wrongfully paid to its landlord’s agents.  The Glasgow Angling Centre Ltd, which was assigned the ten

The High Court of Justiciary has upheld on appeal the conviction of a man charged with the sexual assault of a 25-year-old schoolteacher in Dumfries while he was in Scotland to take part in an ice hockey tournament. Colin Grimason argued that a miscarriage of justice had occurred as a

A sheriff in Perth has absolved a man of any wrongdoing in a car accident that took place on a back road near Blackford in the Perth and Kinross area.  The pursuer, ER, claimed the defender CD had struck her car while travelling at excessive speed around a bend, and sought damage

A former tenant of an office complex in Glasgow that had to vacate the premises for necessary repairs has successfully established its entitlement to abate the rent as a result of the works.  Fern Trustee 1 Ltd and Fern Trustee 2 Ltd, trustees of the Buchanan House Unit Trust, origina

A man who was convicted of a statutory offence under Section 1(2) of the Firearms Act 1968 for leaving his gun in an unlocked room while he was on holiday has had his appeal against conviction refused. Robert Riggs also appealed against his sentence, which was a fine of £3,000.

A man who was imprisoned for three charges relating to indecent photographs of children and images depicting bestiality has lost his appeal against conviction.  John Leadbetter argued that a medical professional was required to confirm that images recovered from devices he owned were image

A housing association that refused to consent to the assignation of a social rented sector tenancy has failed in its appeal against the grant of decree ordering it to allow the tenant to assign the tenancy.  Tollcross Housing Association Ltd, the defender in the action originally brought by its

The Appeal Court of the High Court of Justiciary has quashed three convictions arising from an incident in Edinburgh in which a man was said to have assaulted a restaurant owner whilst brandishing a broken bottle.  Kenneth Thomson was convicted of three charges arising out of the

The Upper Tribunal for Scotland has granted an appeal against a decision of the First-tier Tribunal for Scotland Housing and Property Chamber to exclude an applicant from representing himself in proceedings raised against a housing association.  The appellant originally applied for a determinat

A man who was found guilty of the rape of his stepdaughter as well as incest under Section 2B of the Sexual Offences (Scotland) Act 1976 has lost his appeal against the former conviction. The appellant, LW, argued that the complainer’s allegation of rape could not be corroborated by the fact t

A former IT worker for Dundee City Council who was sentenced to five years and four months’ imprisonment for fraud has successfully appealed against the length of his sentence. Mark Conway’s case was referred to the Scottish Criminal Cases Review Commission in August 2019. The SCCRC

A Nigerian citizen who was refused indefinite leave to remain has successfully challenged the decision of the Home Secretary that there were no exceptional circumstances justifying the exercise of discretion in her favour. Ruth Awa was temporarily unlawfully present in the UK during a period be