Case Reports

The owners of a shopping centre in Cumbernauld have succeeded in a petition for judicial review made against a decision of North Lanarkshire Council to grant planning permission for a major development near Cumbernauld Town Centre. Bridges Antonine LLP argued that the council had erred in their

An advocate who was alleged to have acted inappropriately in commercial proceedings regarding location-based dating apps has succeeded in having one of four complaints made against him quashed, with the other three remaining eligible for investigation. Andrew Smith QC appealed against a decisio

The Inner House of the Court of Session has granted decree of absolvitor to the Chief Constable of Police Scotland for the actions of a police officer towards a member of the public. The original case was brought to the Outer House by a Mrs K, who was found by the Lord Ordinary to be entitled t

The appellant, SJ, was due to appear at trial on three charges. The first was for sexual assault, the second for rape, and the third for perverting the course of justice by disposing of his mobile phone to prevent the police from gaining access to information in it. The appeal was heard by 

A renewable energy firm that was held to be in breach of planning control in respect of a wind farm development has had its appeals to the Inner House of the Court of Session refused. Community Windpower Ltd originally acquired permission to build the development in Moscow, East Ayrshire at a s

A man who was sentenced to six years’ imprisonment for raping a woman in an Edinburgh hotel has had his appeal against conviction refused. Basharat Khan appealed on the ground that the trial judge had misdirected the jury in relation to the adoption of prior statements. A co-accused was a

A man who petitioned for judicial review of the Antisocial Behaviour etc. (Scotland) Act 2004 after being issued with a £40 fixed penalty notice has had his appeal against the refusal of his petition refused. Jordan Queen was issued the penalty by a police officer in 2016 when he was 16 y

The Inner House of the Court of Session has allowed an appeal on how affordable housing units subject to ‘golden share’ provisions ought to be valued for council tax purposes. The Assessor for Lothian Valuation Joint Board appealed a decision of the Lothian Valuation Appea

The High Court of England and Wales has allowed an appeal by the Home Secretary against judicial review proceedings challenging the lawfulness of provisions under the Immigration Act 2014 preventing landlords in the private sector from letting to irregular immigrants. The application was first broug

The joint administrators of the department store Debenhams have been held by the High Court of England and Wales to have adopted the employment contracts of personnel who had been furloughed due to the company’s participation in the Coronavirus Job Retention Scheme (JRS). The administrators so

A developer of commercial wind farms that applied for planning permission for a wind farm within the consultation zone of the Eskdalemuir Seismic Array has succeeded in petitioning the court for a time extension to begin proceedings for judicial review. The planning application of Energiekontor

A woman who was sentenced to three years' imprisonment for shaking an eight-month-old baby and endangering her life has lost her appeal against conviction. Syeda Begum appealed on the grounds that the trial judge had misdirected the jury regarding expert evidence and had erred in repelling a de

A city council that refused to allow a developer to proceed with the development of a mixed-use site without complying with a condition of their original planning permission has had their appeal against a decision to allow it refused. The City of Edinburgh Council (the appellant) originall

An NHS trust that applied to recover overpaid VAT has successfully appealed against the decision to reject its case by the Upper Tribunal, with the Inner House remitting the case to the First-tier Tribunal for reconsideration. The NHS Lothian Health Board operated a number of scientific la

A tenant who rented a cottage in Argyll that the landlord intended to recover possession of in order to demolish it has had his appeal against the possession order refused. Nicholas Charlton appealed a decision of the Upper Tribunal to grant a possession order to the Josephine Marshall Tru