Case Reports

A man who suffered a fractured nose after being assaulted will not be awarded compensation from the Criminal Injuries Compensation Authority (CICA) following a legal challenge by the UK Government. The First-tier Tribunal (Social Entitlement Chamber) had held that the applicant w

A housing association which sued contractors, engineers and architects over “serious defects” in the redevelopment of a former hospital has been granted a full hearing in its £3 million damages action. The defenders claimed that any obligation to make reparation to the pursuer for

A man found guilty of behaving in a “threatening” manner towards two teenage girls has had an appeal against a sheriff’s decision to place him on the sex offenders register dismissed. The appellant claimed that he had not been given sufficient notice that there was a “signifi

A father-of-two who claimed that his estranged wife had “wrongfully removed” their two children from Italy when she fled with them to Scotland following the breakdown of their “volatile” marriage has had an appeal to have them returned refused. A judge had ruled that while th

An appeal court ruling in a legal action seeking a court order to force the Prime Minister to write a letter requesting a Brexit extension in the event that no deal has been agreed between the UK and the EU has been put on hold. The Inner House of the Court of Session also decided to conti

A man found guilty of sexually assaulting his niece and nephew but who claimed that the doctrine of “mutual corroboration” could not apply to the two offences has had an appeal against his conviction dismissed. The appellant argued that the first charge, which involved touching and massa

A legal action seeking a court order to force the Prime Minister to write a letter requesting a Brexit extension in the event that no deal has been agreed between the UK and the EU has been dismissed after a judge ruled that it was not required. The Court of Session held that it was unnecessary to g

A motorist who was fined and given six penalty points after being convicted of driving without insurance and who claimed there were “special reasons” for her licence not being endorsed has had her appeal dismissed. The complainer, who failed to appear in court on six occasions to argue h

A commercial property landlord has been granted a court order requiring a tenant to leave the premises after a judge ruled that the notice to terminate the lease, which gave a period of just under six months, was valid under common law. A judge in the Court of Session upheld the landlord’s cla

A severely disabled man who was sentenced to one year and eight months’ imprisonment after being convicted of sexual offences against children has successfully appealed against a sheriff’s decision to impose a custodial sentence. The appellant “RC”, who was born with spina bi

A man who was jailed for four years after being found guilty of domestic abuse offences has had an appeal against the custodial term imposed rejected. Josh McLean was sentenced to an extended sentence of six years, comprising a custodial element of four years and an extension period of two year

A man accused of behaving in a “threatening and abusive manner” by shouting and swearing at his ex-wife has successfully challenged an attempt to prosecute him after a sheriff had previously deserted an identical complaint against the accused pro loco et tempore. The appellant appealed a

A contractor which claimed the Scottish government acted unlawfully in giving taxpayers' money to a competitor in the purchase of a Highland industrial yard has had a £25 million damages action dismissed. LC Management Services (Scotland) Ltd claimed that the financial awards to Global En

A man who was found guilty of raping a family member but claimed that there was “insufficient evidence” that he lacked the “honest belief” that the complainer had consented has lost his appeal. The High Court of Justiciary Appeal Court ruled that the trial judge was “co

A woman who appealed a decision of the First-tier Tribunal for Scotland on the basis of her claim she did not have a private residential tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 has had her appeal refused by the Upper Tribunal for Scotland. Kate Affleck