Case Reports

A tenant who was refused an extension of the time limit for requesting permission to appeal an eviction decision by the Upper Tribunal for Scotland has been refused permission to appeal to the Court of Session by the same court. Azhir Sharif was evicted from a property in Glasgow in 2

A man convicted of a number of sexual offences has had his appeal against conviction refused but succeeded in having his sentence reduced due to his significantly low intelligence. The appellant, PGT, was convicted of three charges in May 2019. He sought to have them quashed on account of a lack of

The Supreme Court has allowed an appeal by Barclays Bank and held that they were not vicariously liable for any sexual assaults committed by a doctor who performed medical examinations on their behalf. It had been previously held in the High Court in 2017 that the bank was vicariously liab

A couple who rented a stately home near Perth have been granted limited permission to appeal the Housing and Property Chamber’s decision regarding the state of repair of their property. Peter and Beth Dymoke rented a property in Inchture from The Hon. Caroline Best, and&nbs

The City of Edinburgh Council has successfully been granted a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 in relation to the child of a mother diagnosed with paranoid schizophrenia and a father with limited leave to remain in the UK. The mother, B, di

A housing association tenant who sued his landlord over its alleged failure to properly sound-proof his property has had his action dismissed. Stephen Reay sought damages from Dumfries and Galloway Housing Partnership (DGHP) after claiming to have suffered “stress and family dis

A man who pled guilty to a violent assault who claimed he was the victim of a “miscarriage of justice” because he may have been suffering from a “mental disorder” at the time of the offence has had an appeal against his conviction rejected. The appellant alleged “defect

Two men found guilty of firearms offences have failed in an appeal against their convictions. Zak Bennett and Ian Moyes, who were each sentenced to eight years’ imprisonment, claimed that the trial judge “misdirected” the jury and that the judge “erred” in repellin

A woman found guilty of being concerned in the supplying of heroin and speed after the drugs were found during a police search of her home has had her conviction quashed following an appeal. The Appeal Court of the High Court of Justiciary ruled that the sheriff erred in refusing a preliminary

Media organisations who claimed that a sheriff’s decision to impose reporting restrictions in a civil case without providing reasons for making the order breached the principle of “open justice” have had their legal challenge dismissed. The BBC, Times Newspapers Limited and News Gr

A man convicted of a so-called “revenge porn” offence after posting an intimate picture of a former partner on Facebook has successfully challenged a decision to place him on the sex offenders register. The Sheriff Appeal Court ruled that while the offence was motivated by a desire

A Pakistani man who was trafficked to the UK at the behest of his step-grandmother and whose case to remain in the UK was rejected by the inferior courts has prevailed in an appeal to the Supreme Court. The court unanimously allowed the appeal. Lady Hale gave the only judgment, with which Lord Kerr,

A couple who sued a Scots lawyer over the solicitor’s allegedly “negligent” advice in their purchase of a petrol station have had an appeal against a judge’s decision to dismiss their claim rejected. Sajjad Soofi and Rumella Soofi raised an action against 

A man convicted of assaulting his partner has failed in an appeal against a sheriff’s decision to impose a non-harassment order. The appellant argued that the order was “not necessary” because the complainer was not was vulnerable and she did not want the protection, but the S

A business restructuring consultant who is suing Police Scotland for £2 million for “malicious prosecution” after he was charged with fraud following the sale of Rangers Football Club Plc has had a motion for summary decree in the action dismissed. David Grier, 57, a former employe