Case Reports

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

A doctor who was removed from the medical register after being found to have intentionally falsified parts of a medical examination has had her appeal against the decision refused. Dr Mary-Jane McLennan was found by the Medical Practitioners Tribunal to have falsely attributed quotations in a m

Two men who had been remanded in custody since July 2019 charged with assault and robbery and whose trial had been postponed due to the suspension of jury trials have had their appeal against refusal of bail refused. The accused persons, JD and BK, moved for bail on the basis tha

A woman running a dog walking business in the Edinburgh area has succeeded in an action for defamation against another woman who operated a similar business. Heather Hiram, trading as Safe & Sound Hound, claimed that a video uploaded to Facebook by Alana Mullen, trading as Pi

A tenant who was refused an extension of the time limit for requesting permission to appeal an eviction decision by the Upper Tribunal for Scotland has been refused permission to appeal to the Court of Session by the same court. Azhir Sharif was evicted from a property in Glasgow in 2

A man convicted of a number of sexual offences has had his appeal against conviction refused but succeeded in having his sentence reduced due to his significantly low intelligence. The appellant, PGT, was convicted of three charges in May 2019. He sought to have them quashed on account of a lack of

The Supreme Court has allowed an appeal by Barclays Bank and held that they were not vicariously liable for any sexual assaults committed by a doctor who performed medical examinations on their behalf. It had been previously held in the High Court in 2017 that the bank was vicariously liab

A couple who rented a stately home near Perth have been granted limited permission to appeal the Housing and Property Chamber’s decision regarding the state of repair of their property. Peter and Beth Dymoke rented a property in Inchture from The Hon. Caroline Best, and&nbs

The City of Edinburgh Council has successfully been granted a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 in relation to the child of a mother diagnosed with paranoid schizophrenia and a father with limited leave to remain in the UK. The mother, B, di

A housing association tenant who sued his landlord over its alleged failure to properly sound-proof his property has had his action dismissed. Stephen Reay sought damages from Dumfries and Galloway Housing Partnership (DGHP) after claiming to have suffered “stress and family dis

A man who pled guilty to a violent assault who claimed he was the victim of a “miscarriage of justice” because he may have been suffering from a “mental disorder” at the time of the offence has had an appeal against his conviction rejected. The appellant alleged “defect

Two men found guilty of firearms offences have failed in an appeal against their convictions. Zak Bennett and Ian Moyes, who were each sentenced to eight years’ imprisonment, claimed that the trial judge “misdirected” the jury and that the judge “erred” in repellin

A woman found guilty of being concerned in the supplying of heroin and speed after the drugs were found during a police search of her home has had her conviction quashed following an appeal. The Appeal Court of the High Court of Justiciary ruled that the sheriff erred in refusing a preliminary