Case Reports

The National Crime Agency has succeeded in an action under the Proceeds of Crime Act 2002 to recover monies from the frozen bank account of a former English car sales company as the proceeds of unlawful conduct. Niche Cars Ltd, which had its registered office in Bradford and had

A UK salvaging company that retrieved 2,364 silver bars from a shipwreck in the Indian Ocean has successfully established in an English court that the Republic of South Africa did not have state immunity from an action for payment for salvage. Argentum Exploration Ltd had originally sought a de

A building contractor that was hired to construct an extension at a school in Ayrshire has succeeded in an action to enforce an adjudicator’s award following a dispute with the local authority. The pursuer, D McLaughlin & Sons Ltd, was contracted by the defender, East Ayrshire Co

The Court of Appeal of England and Wales has rejected an appeal by nine claimants, who were injured when a man broke into the hotel they were staying in, against a High Court decision that the hotel was not responsible in law for their injuries. Ohoud Al-Najar and eight other members

A woman who was injured during a two-week holiday to Turkey has successfully established that consumer regulations on the provision of package holidays applied to the booking she made with an ‘online travel agent’ for flights, accommodation, and hotel transfer.  Rosemary O’Don

The proprietor of a 350-year-old coastal home in Fife has failed to establish the existence of a servitude right of access over a strip of land within the curtilage of a neighbouring property, either by prescription or by necessity. Major Douglas Soulsby contended that an extension built by the

The High Court of Justiciary has allowed an appeal by an Edinburgh man against his conviction for culpable homicide after he argued that the trial judge had misdirected the jury in relation to the definition of the offence.  David Ditchburn was convicted of four charges in May 20

The Sheriff Appeal Court (Civil Division) has refused an appeal by a mother against the decision to grant a permanence order in respect of her 10-year-old son, Z, to allow him to stay with his maternal grandparents. The order was originally sought by Scottish Borders Council to a

An English judge has awarded a German artist £36,500 in damages after her vehicle was unlawfully sold by Welsh police before she was able to recover it. The Chief Constable of North Wales Police refused to allow Astrid Linse to recover her Mercedes-Benz Unimog truck in 2019, eve

A waste disposal and landfill operator that sought payment under a tax statute from a contracting company for not paying the correct amount of tax on hazardous waste material it sent has failed to obtain an order for payment.  Fife Resource Solutions LLP brought the action against Rob

A Bill of Advocation by the Procurator Fiscal, Glasgow challenging the refusal of a sheriff’s motion to adjourn a trial to secure the attendance of an essential witness has succeeded in the Sheriff Appeal Court (Criminal Division). The respondent, Robert McIntyre, was charg

The Outer House of the Court of Session has rejected a petition for judicial review by six hospitality businesses and a commercial let operator in Edinburgh challenging the Scottish Ministers’ decision to continue the operation of Level 3 Covid-19 restrictions in the city.&

The European Court of Human Rights has rejected the applications of three symphysiotomy victims in Ireland as being “manifestly ill-founded”. The women, who are to remain anonymous, claimed that Ireland had breached their human rights by preventing them from pursuing complaints that the

The High Court of Justiciary has determined that a man who was charged with causing two deaths by dangerous driving could not also be charged with perverting the course of justice by stating his defence to the charge. The defence given by Graham Turner to the dangerous driving ch

The Sheriff Appeal Court (Criminal Division) has allowed separate appeals by two men convicted of drink driving against the length of their respective driving bans. Graham Hendry and Walter Grant both pled guilty to charges in contravention of Section 5(1)(a) of the Roa