Case Reports

A judge in the Outer House of the Court of Session has ruled that two children of UK citizens who emigrated to New Zealand acquired habitual residence in Scotland following the couple’s divorce. The petitioner, F, the child’s father, sought orders under the Child Abduction and Custody Ac

A sheriff in Edinburgh Sheriff Court has found that a local authority employee who acted as a whistleblower in its education department is entitled to an unabridged copy of an independent report into the events surrounding his original protected disclosures. John Travers, who had been an employee of

A judge in the Outer House of the Court of Session has rejected three of four contentions by a fabric business that their bank breached a duty to exercise reasonable skill and care in relation to their account after they sent over £500,000 from their account to a fraudster. Sekers Fabrics Ltd

The Court of Justice of the European Union (CJEU) has made a preliminary ruling that workplace rules preventing the wearing of religiously mandated clothing do not of themselves constitute direct discrimination based on religious belief.  The question was referred to the CJEU by the Labour Cour

A man who was convicted of assaulting his friend and ex-partner and of attempted murder of the former has had his sentence reduced by 3 years after an appeal to the High Court of Justiciary.  Colin Marshall was sentenced in cumulo by the trial sheriff to 18 years’ imprisonment with a cust

A former Shetland teacher who was convicted of engaging in sexual activities with two students has his sentence reduced by three months on appeal to the High Court of Justiciary. Kieran Malcolmson was convicted of one offence under the Sexual Offences (Amendment) (Scotland) Act 2000 and another unde

A petition for judicial review by a hospice challenging the decision of Healthcare Improvement Scotland to publish a report containing details of a complaint made against it has been refused by a judge in the Outer House of the Court of Session.  The anonymous petitioner, Y, argued that it had

The Sheriff Appeal Court has reduced the sentence of a man convicted of sexually touching a teenager after he appealed against his sentence and lodged a bill of suspension seeking to suspend the sentence imposed by the trial sheriff. William Hepburn, aged 79 at sentencing, was originally s

A Scottish conservation organisation has failed in its legal challenge against a decision of The Highland Council to grant planning permission to build a space port and associated facilities near Tongue. Wildland Ltd challenged the respondent’s decision to allow a planning appli

A petition by the father of a young girl with complex medical problems against a decision of the General Medical Council not to sanction a doctor whose report resulted in their child being temporarily removed from their care has been rejected by the Outer House of the Court of Session

The High Court of Justiciary has refused three appeals on behalf of men convicted of abduction and rape based on advances in medical science after their cases were referred to the court by the Scottish Criminal Cases Review Commission. Brian Meighan, Kevin Kane, and David Pugh each re

The Inner House of the Court of Session has refused an Iraqi citizen of Kurdish ethnicity who claimed to be involved in a blood feud permission to appeal the refusal of his judicial review petition against the Upper Tribunal. HMH, the appellant, claimed that he was at a real risk of persec

The nephew of a deceased farmer has successfully had a number of prejudicial deeds granted by his late uncle in favour of a finance company set aside by a commercial judge in the Outer House of the Court of Session. William Lindsay, the executor of the late Euan Lindsay, argued that Outloo

A judge in the Outer House of the Court of Session has reduced a decision not to progress a prisoner serving a life sentence in closed conditions at HMP Edinburgh to the open estate after he petitioned for a judicial review of the decision. George Smith was jailed for the murder of hi

A judge in the Outer House of the Court of Session has permitted a petition by a US-based non-profit organisation for judicial review of the approach taken by the Scottish Ministers in applying for Unexplained Wealth Orders to proceed. The Avaaz Foundation also sought a determina