Case Reports

The All-Scotland Sheriff Personal Injury Court has issued a judgment to give some guidance on motions for certification of skilled persons and sanction for the employment of counsel made under new court rules introduced in 2019. Sheriff Kenneth McGowan said the terms of motions should

The father of a man with severe physical and learning disabilities has successfully challenged a Scottish local authority’s decision to close an adult day care centre, after a judge found that the council acted “unlawfully” by failing to consult users who relied on the service. The

The three-month time limit for raising judicial review proceedings begins on the date when the decision under challenge is made and not when the party seeking to bring the action is notified of the decision. A judge in the Court of Session ruled that the time limit under section 27A of the

A man who admitted a domestic assault charge after being released from prison on licence following a previous conviction for housebreaking has had his sentence for the latest offence reduced from 27 months to 17 months on appeal, in a new guideline judgment on how to take into account time spent on

A lender which sued two customers for payment of outstanding sums due on car sale agreements has successfully appealed against decisions to refuse to grant decree in their favour after the actions were undefended. The Sheriff Appeal Court ruled that the sheriffs erred in considering that the vehicle

Homeowners who were ordered by a court to pay a proportion of the cost of maintaining the amenity grounds in their housing scheme after being sued by an estate and land management company have successfully challenged the decision. The Sheriff Appeal Court ruled that the proprietors were no

A passenger on a coach which careered off a road and down an embankment at the “Rest and Be Thankful” has had a personal injury action for £15,000 damages rejected. A judge in the Court of Session dismissed the negligence claim after ruling that the accident was caused by

A vulnerable adult teenager whose life has been characterised by “chaos, abuse and neglect” has been made the subject of a court order to protect her welfare following an application by a Scottish local authority. A sheriff found that the 18-year-old, who opposed the application, was &ld

Four part-time judges have succeeded against the Ministry of Justice in an appeal to the Supreme Court over their rights to a pension. The Supreme Court unanimously allows the appeals. Lord Carnwath gives the sole judgments, with which Lady Hale (President), Lord Reed (Deputy President) and Lord Wil

A Scots lawyer found guilty of “professional misconduct” who was ordered to pay the legal expenses of the proceedings on an “agent and client” scale has had a legal challenge against the decision dismissed. A judge in the Court of Session ruled that the application

A man who was jailed for two years after being found guilty of three instances of sexual assault libelled in a single “omnibus” charge has had his sentence reduced after appealing against his conviction. The appellant argued that only one of the three episodes was corroborated and that t

A long-term prisoner whose personal mail was confiscated after a sniffer dog detected drugs has had a legal action against the prison authorities dismissed. David Gilday claimed his human rights had been breached after prison officers seized a greeting card addressed to him, but a judge in the&

A motorist found to have caused death by dangerous after being deemed “unfit to stand trial” because he suffers from dementia has had an appeal against the finding that he committed the offence dismissed. The Appeal Court of the High Court of Justiciary upheld the ruling by a t

A legal action by Glasgow City Council against bus operator First Glasgow to recover £860,000 in damages plus more than £40,000 in expenses paid to the family of one of the victims of the tragic bin lorry crash five years ago has been dismissed. The local authority cl

A hotel which donates a proportion of its revenue to a trust that manages a Scottish World Heritage Site has successfully challenged a decision to reject its application for charitable status. New Lanark Hotels Ltd, which donates income from its hotel accommodation and associated activities to the N