Case Reports

A housing association that refused to consent to the assignation of a social rented sector tenancy has failed in its appeal against the grant of decree ordering it to allow the tenant to assign the tenancy.  Tollcross Housing Association Ltd, the defender in the action originally brought by its

The Appeal Court of the High Court of Justiciary has quashed three convictions arising from an incident in Edinburgh in which a man was said to have assaulted a restaurant owner whilst brandishing a broken bottle.  Kenneth Thomson was convicted of three charges arising out of the

The Upper Tribunal for Scotland has granted an appeal against a decision of the First-tier Tribunal for Scotland Housing and Property Chamber to exclude an applicant from representing himself in proceedings raised against a housing association.  The appellant originally applied for a determinat

A man who was found guilty of the rape of his stepdaughter as well as incest under Section 2B of the Sexual Offences (Scotland) Act 1976 has lost his appeal against the former conviction. The appellant, LW, argued that the complainer’s allegation of rape could not be corroborated by the fact t

A former IT worker for Dundee City Council who was sentenced to five years and four months’ imprisonment for fraud has successfully appealed against the length of his sentence. Mark Conway’s case was referred to the Scottish Criminal Cases Review Commission in August 2019. The SCCRC

A Nigerian citizen who was refused indefinite leave to remain has successfully challenged the decision of the Home Secretary that there were no exceptional circumstances justifying the exercise of discretion in her favour. Ruth Awa was temporarily unlawfully present in the UK during a period be

A couple from Falkirk has failed to appeal the grant of decrees for division and sale of their family home following the sequestration of the husband’s estate. Glyn Brooks and Martha Brooks, who were the first and second defenders respectively in the action by the Accountant in

The Inner House of the Court of Session has ordered a transport firm to make reparations to a man who was on one of their buses when it left the road and rolled over, after the company was originally assolzied by the Outer House. The pursuer and reclaimer, Allen Woodhouse, argued that

A man found guilty of sexually assaulting an 11-year-old girl who argued that there was insufficient evidence to convict has lost his appeal against conviction. Alexander Garland was sentenced to 18 months’ imprisonment, three of which were attributable to a bail aggravation, after assaul

The son of a deceased dairy farmer who entered into two loan agreements in respect of two farms has succeeded in obtaining a proof in his action to reduce the agreements.  William Lindsay argued that the loan facilities, which concerned one farm in England and another in Scotland, were obt

The Court of Appeal of England and Wales has rejected a challenge to the equalisation of the state pension age for men and women by two women who had their pension age increased to 66 as a result of legislative changes made between 1995 and 2011.  Julie Delve and Karen Glynn

An appeal by a divorcing husband against the financial provision aspect of his divorce on the ground that the Lord Ordinary had miscalculated the amount payable has been refused by the Inner House of the Court of Session. The defender and reclaimer, MMA, argued that the Lord Ordinary had e

A woman who argued it was unlawful to distinguish between Statutory Maternity Pay and state Maternity Allowance when calculating how much a person should receive in Universal Credit has failed in her claim before an English court. Taylor Moore had recently changed jobs when she commenced matern

A non-EU migrant worker who had his visa application refused after the Home Office revoked his employer’s sponsor licence and did not inform him has successfully appealed the decision of the Upper Tribunal to refuse his petition for judicial review of the decision. The appellant, Imrankha

The Inner House of the Court of Session has refused two appeals concerning a dispute between two feuding families, one of whom claimed to be the agricultural tenant of the other, holding that the tenant did have the right to buy the farmland but that a debt owed to her had been successfull