Case Reports

The Upper Tribunal for Scotland has determined that the First-tier Tribunal has jurisdiction in respect of an action challenging the refusal of a school placing request for a child with additional support needs currently being educated outside the local authority area in which he and his family were

A Crown appeal against a six-year sentence of a rapist who trapped a young woman inside his workplace in order to rape her has succeeded on the basis that the sentence was unduly lenient. Barzan Nawshowani was convicted of raping one complainer inside his workplace in August 2022, with a docket atta

An appeal by Glasgow City Council against a motorist’s successful challenge of penalty charge notice imposed on him for driving a non-compliant vehicle within the city’s Low Emission Zone has been refused after the Upper Tribunal found it was not validly served. Allan Hamilton was sent a

Northern Ireland’s High Court has determined that certain provisions of the Illegal Migration Act 2023 constitute a diminution of rights and are incompatible with the European Convention on Human Rights. Delivering judgment for the High Court, Mr Justice Michael Humphreys determined that, &ldq

A lord ordinary has dismissed an action by a commercial tenant of premises in Cowdenbeath that sought to compel their landlord to repair footpaths at the front and back of their retail unit after finding that the paths were part of the leased property. B&M Retail Ltd argued that the footpaths we

The Republic of South Africa has won an appeal in the UK Supreme Court establishing that it has state immunity from a claim in rem by a salvage company seeking voluntary salvage for its recovery of silver intended to be minted into currency from a vessel sunk in World War 2. Argentum Exploration Ltd

Two elderly women convicted of cruel and unnatural treatment and assaults upon children while they worked at a care home from 1969 and 1981 have had their custodial sentences reduced to seven months’ imprisonment after an appeal in the High Court of Justiciary. Margaret Hughes, 77, and Eileen

A sheriff has concluded that the death of a woman who was killed by her former partner, a man with a serious mental disorder, could have been avoided if Police Scotland had shared relevant information relating to Mr Mark’s mental state with her and NHS staff prior to the incident. Ann Drummond

A lord ordinary has withdrawn a decree in absence granted against the Bangladeshi Power Development Board in an action by a Bangladeshi energy company seeking to enforce an arbitration award made by the ICC International Court of Arbitration in London in 2003 in which it was awarded over $11 million

The Sheriff Appeal Court has refused an appeal by stated case against a sheriff’s decision to evict a debtor from her family home and give a trustee in bankruptcy the authority to sell the property in a long-running sequestration dispute. Gordon Maclure, an insolvency practitioner appointed tr

An Aberdeen sheriff has issued a written opinion explaining the ex tempore decision he took to refuse an appeal by an Orange Lodge group against a council’s decision not to grant it permission for a public procession through Stonehaven on 16 March 2024. The Dunottar Martyrs Memorial Loyal Oran

The occupiers under a liferent of a property in Stranraer have won an appeal against their eviction from the property on the basis that the sheriff erred in his construction of the terms of the occupancy agreement. An action for recovery of possession of the property occupied by Neil Farroll and his

The Inner House of the Court of Session has ruled that a solicitor who failed to comply with an order to produce documents relating to an outstanding complaint against an ex-partner in her firm was not in contempt of court. A petition was raised by the Scottish Legal Complaints Commission against so

The High Court of Justiciary has quashed six convictions of former sub-postmasters in respect of various offences of dishonesty arising between 2004 and 2013, in all of which evidence of shortfalls in accounting was provided by the Horizon system. Four of the appellants, William Quarm, Susan Sinclai

A petition by the supermarket chain Tesco seeking reduction of a local authority’s decision to grant a planning application by a rival chain for a bigger store in Perth has been granted by the Outer House of the Court of Session. Perth and Kinross Council granted the application by Aldi Stores