Case Reports

The guardian of a child who was made the subject of a care order has successfully challenged the decision after an appeal court ruled that the judge’s “wholly unsatisfactory” handling of the case amounted to “serious procedural irregularity”. The England and Wales

Two former administrators of Rangers Football Club Plc who are suing the Chief Constable of Police Scotland and the Lord Advocate for £14 million in damages over their alleged “wrongful arrest, detention and prosecution” have successfully challenged a decision t

A man who was ordered not to contact his former partner after being convicted of a statutory breach of the peace following a drunken rant at police officers has had an appeal against the bail condition imposed dismissed. The Appeal Court of the High Court of Justiciary ruled that the speci

An in-house lawyer who sued his former employer for disability discrimination and victimisation cannot rely on a leaked email or a conversation he overheard in a pub to support his employment tribunal claim, appeal judges have ruled. Michael Curless, a former legal counsel for Shell, allegedly heard

A company which claims to have possessed a number of industrial units in a business park for more than 20 years has been granted a full hearing in an action against a property developer who was allegedly seeking to take over possession of the land. The pursuers GNC (Scotland) Ltd were seeking declar

A man who was sentenced to life imprisonment after being found guilty of the murder of his ex-partner has had an appeal against the punishment part of his sentence refused. Frazer Neil was ordered to serve a minimum of 19 years in prison after being convicted by a majority verdict at the High Court

A man who was sentenced to life imprisonment after being found guilty of murder and attempting to defeat the ends of justice has had the punishment part of the sentence reduced following an appeal. David Collins, who was previously jailed for five years after being convicted of the culpable homicide

An immigrant whose application for discretionary leave to remain was refused on the basis that he had acquired three criminal convictions while in the UK and because his application was lodged after the expiry of his existing leave has failed in a legal challenge against the decision. The petitioner

A barrister who claimed the new Brexit deal negotiated by the Prime Minister was “unlawful” has had a legal challenge to suspend the agreement dismissed. Jolyon Maugham QC was seeking interim suspension and interdict on the basis that the withdrawal agreement was in breach of legisl

A sheriff has published his reasons for refusing an appeal by Loyalist groups against a Scottish local authority’s decision to change the routes of its marches to avoid Catholic churches. Sheriff Stuart Reid upheld the decision by Glasgow City Council to change the route of the

A tenant in a house of multiple occupancy who claimed she and her landlords were subject to a private residential tenancy (PRT) has had her appeal dismissed. The appellant was seeking remedies under the Private Housing (Tenancies) (Scotland) Act 2016, but the Upper Tribunal for Scotland&nb

A district judge who raised concerns about budget cuts qualifies as a worker for the purposes of legislation protecting whistleblowers, justices in the Supreme Court have ruled. Lady Hale with whom Lord Kerr, Lord Carnwath, Lady Arden and Sir Declan Morgan agreed, delivered the judgment.

A man who suffered a fractured nose after being assaulted will not be awarded compensation from the Criminal Injuries Compensation Authority (CICA) following a legal challenge by the UK Government. The First-tier Tribunal (Social Entitlement Chamber) had held that the applicant w

A housing association which sued contractors, engineers and architects over “serious defects” in the redevelopment of a former hospital has been granted a full hearing in its £3 million damages action. The defenders claimed that any obligation to make reparation to the pursuer for

A man found guilty of behaving in a “threatening” manner towards two teenage girls has had an appeal against a sheriff’s decision to place him on the sex offenders register dismissed. The appellant claimed that he had not been given sufficient notice that there was a “signifi