Case Reports

The proprietors of an 18th-century house in the Argyll and Bute area have had their appeal against the decision not to reduce a grant of planning permission to erect a house near the property refused. Colin Liddell and others petitioned for judicial review of a decision by Argyll and

A man who was convicted of attacking and robbing two men in Aberdeenshire while he was on bail has had his appeal against the convictions refused. Brandon Douglas was convicted on two charges; one of assault and robbery alongside his co-accused Martin Gemmell, and one of attempted murder and ro

A company that was formed to complete a development of 55 residential apartments at a site near the Portobello Kilns in Edinburgh, has had its petition to amend a Deed of Conditions. PHG Developments Scot Ltd executed the deed to grant and regulate, among other things, common ownership of a bou

A Somalian national who sought asylum in the UK and had his petition for judicial review of the decision to reject his application refused has failed in his challenge that decision in the Inner House of the Court of Session. The petitioner, known as AA, arrived in the UK in 2017 and has his cla

A man who was convicted of assaulting his former partner and of behaving in a threatening and abusive manner in breach of the Criminal Justice and Licensing (Scotland) Act 2010 has succeeded in having the former charge quashed by the Sheriff Appeal Court. The convictions of the appellant,

A man who claimed that he was due payment for his share of the value of items from his late father’s estate that were not listed in the inventory of the estate has failed in his action for payment. Colin Carnegie Smith’s father, Andrew Carnegie, died on 10 February 1999 with no will

A Scottish man who is the subject of an extradition request by the US government has failed in his challenge of a sheriff’s decision to grant permission for the extradition to go ahead. James Craig was accused of an offence relating to securities fraud which caused losses of $1.6 million

A man who was sentenced to 27 months’ imprisonment for sexually assaulting a woman has had his appeal against conviction refused by the Appeal Court of the High Court of Justiciary. Gavin Macdonald argued that the trial sheriff’s use of the word “victim” to describe the

A man who lives near a waste water treatment plant in the Highlands has failed to obtain declarator of continuing nuisance in respect of noxious fumes that were present in his garden. William MacBean, a resident of Boat of Garten, originally raised the action against Scottish Water in 2017

A farmer who was expelled from his family farming partnership has been granted decree of reduction of the expulsion notice. Ian Rennie raised an action against the other members and trustees of the partnership seeking reduction of his expulsion notice and interdict to prevent it being held out

Two men who were convicted of the murder of a man in Glasgow have failed in their appeals against their conviction. Mark Moncrieff and Paul McCann were convicted of murdering Brian Boyle by repeatedly punching and kicking him as well as repeatedly striking him with a hammer and a knif

A tenant of a local authority housing site in Motherwell has successfully sought a review of the decision not to allow her to amend her pleadings in an action for damages against her landlords. Caroline Cowan had a secure tenancy of a property in the Watling Street development in Motherwell, wh

A blogger who sued the former leader of the Scottish Labour Party for defamation for calling him “homophobic” in response to a tweet he had made about a Scottish Conservative Party MSP has had his appeal refused. Stuart Campbell, who has run the Wings Over Scotland blog since 2011, chall

A man convicted of raping his partner, with whom he allegedly began a sexual relationship with while she was underage, has had his appeal against conviction and sentence refused. The appellant, RKS, argued that the trial judge had erred in directing the jury regarding whether they could take in

Two tenants of properties in a housing development in Motherwell have failed to establish that a civil engineering firm breached a duty of care owed to them in respect of injuries they sustained whilst living on the site. Angela and Robert McManus alleged that they had suffered personal injury