Case Reports

An insurance company that settled an action raised by a car crash victim has failed in its bid to have the pursuer’s expenses modified to nil on the basis that the action was unnecessary. Susan Keenan was in the passenger seat of a car being driven by her daughter when it was struck from

A convicted prisoner who had multiple applications for escorted day absence to see his grandmother refused has been allowed to proceed with a petition for judicial review of decisions of the Deputy Governor to refuse his EDA requests. The petitioner and appellant, S, used to be visited regularl

A woman who was unable to obtain social housing because she was not a member of the Orthodox Jewish community has failed in her appeal to the Supreme Court, made on the basis she suffered unlawful direct discrimination on grounds of race or religion or ethnic origin. The court unanimously dismissed

A man convicted of raping a woman who appealed against his conviction on the basis that the trial judge had erred in allowing certain evidence has had the appeal refused.  Michael Whorlton argued that the evidence should have been excluded as it constituted inadmissible hearsay, its admitt

A man accused of rape who applied under section 275 of the Criminal Procedure (Scotland) Act 1995 to admit evidence of the complainer’s character has had his appeal against the preliminary hearing judge’s refusal of his application refused. The appellant, CH, was accused o

A former apprentice mechanic who was involved in a road-accident while testing a client’s Harley-Davidson motorbike has successfully obtained an award of damages after being involved in a road accident that gave him a phobia of being killed or injured on a motorbike. Stuart Conway was wor

A sex offender who was convicted of indecently assaulting his cousin, who died before the beginning of the trial diet, has had his appeal against the conviction on the grounds that the trial was unfair refused. The appellant, AS, was also convicted of the indecent assault, attempted rape, and r

The environmental organisation Greenpeace has had its petition for judicial review of the decision to allow the development of a North Sea oil field refused. The Secretary of State for Business Energy and Industrial Strategy, the first respondent to the petition, granted consent to BP

A trio of young offenders have successfully appealed the punishment parts of life sentences imposed on them after their joint murder of a man in Edinburgh, reducing them by two to four years each.  Keiran McMillan (or Elliott), Aron McMillan, and Levi Hunter (or Brown) were

A taxi driver who had his licence suspended by a local authority on the ground of no longer being a fit and proper person to hold such a licence has had his appeal against the decision refused.  Scott McMillan argued that West Lothian Council had made several errors in their cons

The Sheriff Appeal Court (Civil Division) has ruled that a man who applied for financial provision following the end of a long cohabitation period has had his appeal against the sheriff’s decision not to make an award in his favour refused.  George Duthie, the pursuer and appell

A company that sought monies from a former director who sought to bring derivative proceedings against it under section 266 of the Companies Act 2006 has successfully appealed the decision of the sheriff to grant leave for such proceedings.  Kenneth Sinclair, the pursuer and responden

The murderer of Aberdeen-born woman Neomi Smith, who was also convicted of minor assaults and behaving in an abusive or threatening manner towards her, has had his appeal against his sentence refused. Keith Rizzo, who was the deceased’s partner at the time, argued that the sentence imposed on

A subcontractor involved in the Aberdeen Harbour Expansion Project has succeeded in establishing that the main contractor of the project breached the terms of their contract by omitting work within the scope of the subcontract and transferring it to other companies.  The pursuer, Van Oord UK Lt

The High Court of Justiciary has granted an order allowing the son of the man convicted of the Lockerbie bombing, Abdelbaset Al Megrahi, to appeal against his late father’s conviction, following a referral of the case by the Scottish Criminal Cases Review Commission (SCCRC). Mr Megrahi’s