Case Reports

Two former residents of a home for the children of seafarers in Rhu, Argyll, have had their actions for damages against the operators of the home dismissed after a judge concluded that it would not be possible for there to be a fair hearing. The anonymous pursuers, B and C, were resid

A man who was run over by a bakery van while he was lying intoxicated in the middle of the road has successfully reclaimed against the decision of the Lord Ordinary that he was not entitled to damages in the Inner House of the Court of Session. Samuel Cameron argued that the reverse onus o

A woman who witnessed the 2014 Glasgow bin lorry crash has failed to appeal a decision of the All-Scotland Sheriff Personal Injury Court that she was not entitled to damages for psychological and psychiatric problems arising from the incident. Danielle Weddle raised the claim against Glasg

A journalist and former diplomat who was found to be in contempt of court for publishing material relating to the trial of former First Minister Alex Salmond has been refused permission by the High Court of Justiciary to appeal his case to the Supreme Court. Craig Murray was found to

A sheriff has determined that a prisoner who died in hospital following an overdose the day after his sentencing did not die as a result of an accident caused by failures in the prison system. Gavin Williamson, who was sentenced to 6 months’ imprisonment and conveyed to HMP Perth the day befor

A judge in the Outer House of the Court of Session has granted a decree of divorce between a Pakistani man and his Scottish wife at the husband’s instance and made a contact order allowing him to meet his young daughter for the first time. The pursuer, SM, asserted that his wife

A Crown appeal by stated case against a sheriff’s decision to uphold a no case to answer submission in a case against a teacher charged with assaulting children with additional support needs has succeeded in the Criminal Division of the Sheriff Appeal Court. The Procurator Fiscal for

An Italian man whose deceased mother was domiciled in Scotland has successfully petitioned the Court of Session for the removal of his brother as an executor of her estate after he began living in her property without consent. The deceased, Ann Sherrede Ciarrocca, had lived in Edinburgh si

An Indian citizen serving a long-term prison sentence for an offence under the Sexual Offences (Scotland) Act 2009 has been unsuccessful in his challenge of a decision of the Scottish Ministers not to release him on licence. Harpreet Singh, who had a live Deportation Order made a

A recipient of support payments under the Social Care Self-Directed Support (Scotland) Act 2013 has failed in his challenge of a reduction in support hours by the health board responsible for paying for that support. Andrew Lennon argued that NHS Highland had acted unlawfull

The Sheriff Appeal Court has overturned a decision to grant interdict against the mother of an 11-year-old girl preventing her from removing the child from her school and from the sheriffdom of Tayside, Central and Fife and granting a residence order in favour of her father. The defender a

The manufacturers of Hendrick’s gin have succeeded in obtaining interim interdict in an action for trade mark infringement against a popular discount supermarket after it redesigned one of its ‘own-label’ products to more closely resemble their product. William Grant and Sons Irish

A sheriff in Edinburgh has found that two children of a divorcing couple should be moved from their English private school to a Scottish state school after she refused to make either party liable for their children’s school fees. The parties, who remained anonymous, were married in Scotland in

A private landlord who served notice to leave on his tenants by instructing sheriffs’ officers to deliver the notice has succeeded in overturning a tribunal decision that he had not met the statutory definition of a Notice to Leave under the Private Housing (Tenancies) (Scotland) Act 2016

A judge in the Outer House of the Court of Session has sisted proceedings brought by the guarantor of the now-insolvent Ferguson Marine group of companies after finding that the Scottish Ministers were liable to reimburse them under the terms of an indemnity agreement. HCC International In