Case Reports

Three police officers have successfully challenged the instigation and form of misconduct proceedings brought against them by Police Scotland in judicial review proceedings before the Outer House of the Court of Session. The petitioners, all still currently serving police officers, argued

The Sheriff Appeal Court has found that the Scottish Legal Aid Board is not required to make payment of statutory interest in cases where a legal aid account is overdue, after an appeal by the Board against a Sheriff Court decision to that effect. Ormistons Law Practice Ltd 

A man who sought declarator of nuisance alleging that a waste water treatment plant near his house was creating noxious fumes in his garden has lost his appeal to the Inner House of the Court of Session. The pursuer and reclaimer, William MacBean, originally brought the action ag

The Inner House of the Court of Session has allowed an appeal by an employer against a decision of the Employment Appeal Tribunal to uphold grounds of appeal against a teacher’s dismissal following him being charged with possession of indecent images of children. The appellant employ

The UK Supreme Court has held that the “two-child limit” used in calculating part of child tax credit payments is compatible with Articles 8, 12, and 14 of the ECHR after an appeal was brought by two adults and eight children against decisions of the Secretary of State for

A man who was sentenced to life imprisonment for murdering the partner of his ex-wife’s new boyfriend’s mother in 2019 has had his appeal against conviction refused by the High Court of Justiciary. Paul Smith argued that the trial judge had erred in withdrawing the defence of p

A Glasgow summary sheriff has refused to authorise a consultant orthopaedic surgeon as a skilled witness in an action by a man involved in a car accident against the insurer of the vehicle that hit him. Ian McKay sought to certify a Mr David Donaldson, who examined him following the accident, i

A joint appeal by three members of the same family who were injured in a road accident on holiday in Malta seeking a remit of their actions to the Court of Session has been refused by the Sheriff Appeal Court. Suzanne, Michael, and Kieran Henderson raised actions against&nbs

The Inner House of the Court of Session has granted a permanent vexatious litigant order against the former director of an engineering company after an application by the Lord Advocate. Gabriel Politakis, a 90 per cent shareholder in the now liquidated Apollo Engineering Ltd, had instigated a variet

The Sheriff Appeal Court has refused an appeal by a 57-year-old woman challenging the appointment by her local authority of a welfare guardian with the power to determine where she could live and where she was allowed to go. The appellant, JK, argued that the appointment amounted to a deprivation of

A motion by a man who sued a health board for damages resulting from negligence seeking access to a digital recording of evidence provided by an expert witness has been refused by the Sheriff Appeal Court. Billy McGowan argued that the sheriff had decided his case unfairly as a result of o

The High Court of Justiciary has reduced the sentence of a man who was convicted of the attempted murder of a rival gang member after his case was referred to the court by the Scottish Criminal Cases Review Commission. Dillin Armstrong, who was 24 at the time of the offence, was given an e

A man who was convicted of indecently assaulting his foster brother when he was a teenager has lost an appeal to the High Court of Justiciary against his conviction on the ground of sufficiency of evidence. John Deeney, 53, was convicted and sentenced to four years’ imprisonment afte

A judicial review petition by the General Secretary of the Scottish Police Federation challenging a decision of the Deputy Chief Constable of Police Scotland to institute misconduct proceedings against him has been refused by a judge in the Outer House of the Court of Session. Calum S

An appeal by the Scottish Ministers against a decision by the Lands Tribunal for Scotland to award compensation to the former owner of land acquired in order to build the Aberdeen Western Peripheral Route has been refused by the Inner House of the Court of Session. The former landowne