Case Reports

A sheriff in Glasgow has removed the parental rights of a convicted rapist in respect of his son and determined that it would not be in the best interests of the child to have any form of contact with him while still allowing him to have letterbox contact with his daughter. Proceedings for contact w

A probationary mathematics teacher with Asperger’s syndrome has had the decision to remove him from the teaching register set aside by the Inner House of the Court of Session. The appellant, MS, argued that the Fitness To Teach Panel of the General Teaching Council of Scotland&n

A Pakistani citizen who challenged the decision to remove him from the UK on the grounds of his family life has had his petition for judicial review of the Upper Tribunal’s decision not to permit him to appeal the decision refused. Muhammad Javaid argued that the Upper Tribunal had failed

An appeal by the executors of a late farmer’s estate against a sheriff’s decision that a right of pre-emption in the feu disposition of his farm had survived the abolition of feudal tenure has been refused by the Civil Division of the Sheriff Appeal Court. Turcan Connell (Trustees)

Shamima Begum, the woman who travelled to Syria as a child and aligned herself with ISIS, has failed in all her appeals to the Supreme Court and cannot return to the UK to argue her citizenship case. The court unanimously allowed the Secretary of State’s appeals and dismissed Ms Begum&rsq

An IT company boss who was refused asylum after fleeing alleged persecution in Venezuela has successfully challenged the decision not to permit him to appeal the refusal to the Upper Tribunal. The petitioner and reclaimer, CM, claimed he was at risk of persecution if he returned to Venezuela. H

A judge in the Outer House of the Court of Session has allowed the action of a woman seeking £1.5 million in compensatory damages from her former school to continue after the company that ran the school sought to have it dismissed without a proof. The pursuer, A, alleged she had

A sheriff in Glasgow has refused a motion calling for his recusal from family proceedings involving a mother who sought to relocate with her child to the USA. The case commenced when the pursuer and father, AB, sought to secure the return of their child from the USA, where they had previously b

A sheriff in Glasgow has dismissed part of an action for damages raised by an evangelical Christian organisation against the operators of the SSE Hydro Arena but ordered a proof in respect of quantification of loss concerning a potential breach of the Equality Act 2010. The Billy Graham Ev

A judge in the Outer House of the Court of Session has found that a local authority acted unlawfully in failing to provide assistance to a homeless Sudanese refugee living in Scotland. Abdelwahab-Kaba Dafaalla sought declarator that Edinburgh City Council has failed to fulfi

An order preventing the publication of the identities of the complainers in the charges that were brought against former Scottish First Minister Alex Salmond has been amended by the Appeal Court of the High Court of Justiciary following an application for variation. The inci

A judge in the Outer House of the Court of Session has rejected a defence pled by the Crown in response to an action for damages for wrongful and malicious prosecution brought by a man who was unsuccessfully prosecuted for fraud for his role in the acquisition of Rangers FC by Craig Whyte

A man who crashed his van into another vehicle in a leisure centre car park in Kirkcaldy has had his appeal by stated case refused by the Sheriff Appeal Court (Criminal Division).  Marcus Wishart was convicted in Kirkcaldy Justice of the Peace Court of contravening sections 170(2), 17

The Inner House of the Court of Session has refused a reclaiming motion challenging a decision to allow a petition for rectification of a Deed of Conditions relating to a parking garage in Edinburgh to proceed to a proof. Lothian Amusements Ltd, the 57th respondent to the petition raised b

A man who was convicted of sexually assaulting a woman in a takeaway kebab restaurant in Glasgow has had his conviction quashed on appeal by the Appeal Court of the High Court of Justiciary. Faryad Darbazi was found guilty of digitally penetrating a woman contrary to Section 2 of the&