Case Reports

A husband has been ordered to transfer over £700,000 to his wife in order to realise a fair and equal division of matrimonial assets between them in their divorce, but only after legal proceedings against him in Pakistan have been withdrawn. The pursuer, ASA, instigated divorce proceeding

The High Court of Justiciary has ruled that the incorporation of a firearm into a dual-purpose object does not mean that it cannot be regarded as “disguised as another object” under section 5(1A)(a) of the Firearms Act 1968. The first Lord Advocate’s Reference&n

The High Court of Justiciary has allowed an appeal against conviction for charges of rape and indecent assault on the ground that the two charges were too materially different to mutually corroborate one another. Aadam Mohammed was originally tried for three charges, two of rape and o

A Crown appeal against the leniency of the sentence of a man who pled guilty to deliberately coughing in the faces of two police officers and thus recklessly endangering their lives has resulted in the total sentence being increased by nine months. The appeal by HM Advocate followed the sentencing o

A citizen of El Salvador who claimed that he would be a victim of organised crime if he was deported from the UK has failed to petition for a judicial review of the decision to deport him. The petitioner, known as DY, sought review of a decision by the Upper Tribunal not to allow him to appeal

The Outer House of the Court of Session has granted interim orders in an action for defamation brought by an energy company against a blogger from Stornoway that require him to remove certain blog posts as well as restricting the content of future posts. British Gas Trading Ltd and it

The proprietors of an 18th-century house in the Argyll and Bute area have had their appeal against the decision not to reduce a grant of planning permission to erect a house near the property refused. Colin Liddell and others petitioned for judicial review of a decision by Argyll and

A man who was convicted of attacking and robbing two men in Aberdeenshire while he was on bail has had his appeal against the convictions refused. Brandon Douglas was convicted on two charges; one of assault and robbery alongside his co-accused Martin Gemmell, and one of attempted murder and ro

A company that was formed to complete a development of 55 residential apartments at a site near the Portobello Kilns in Edinburgh, has had its petition to amend a Deed of Conditions. PHG Developments Scot Ltd executed the deed to grant and regulate, among other things, common ownership of a bou

A Somalian national who sought asylum in the UK and had his petition for judicial review of the decision to reject his application refused has failed in his challenge that decision in the Inner House of the Court of Session. The petitioner, known as AA, arrived in the UK in 2017 and has his cla

A man who was convicted of assaulting his former partner and of behaving in a threatening and abusive manner in breach of the Criminal Justice and Licensing (Scotland) Act 2010 has succeeded in having the former charge quashed by the Sheriff Appeal Court. The convictions of the appellant,

A man who claimed that he was due payment for his share of the value of items from his late father’s estate that were not listed in the inventory of the estate has failed in his action for payment. Colin Carnegie Smith’s father, Andrew Carnegie, died on 10 February 1999 with no will

A Scottish man who is the subject of an extradition request by the US government has failed in his challenge of a sheriff’s decision to grant permission for the extradition to go ahead. James Craig was accused of an offence relating to securities fraud which caused losses of $1.6 million

A man who was sentenced to 27 months’ imprisonment for sexually assaulting a woman has had his appeal against conviction refused by the Appeal Court of the High Court of Justiciary. Gavin Macdonald argued that the trial sheriff’s use of the word “victim” to describe the

A man who lives near a waste water treatment plant in the Highlands has failed to obtain declarator of continuing nuisance in respect of noxious fumes that were present in his garden. William MacBean, a resident of Boat of Garten, originally raised the action against Scottish Water in 2017