Case Reports

An immigrant whose application for discretionary leave to remain was refused on the basis that he had acquired three criminal convictions while in the UK and because his application was lodged after the expiry of his existing leave has failed in a legal challenge against the decision. The petitioner

A barrister who claimed the new Brexit deal negotiated by the Prime Minister was “unlawful” has had a legal challenge to suspend the agreement dismissed. Jolyon Maugham QC was seeking interim suspension and interdict on the basis that the withdrawal agreement was in breach of legisl

A sheriff has published his reasons for refusing an appeal by Loyalist groups against a Scottish local authority’s decision to change the routes of its marches to avoid Catholic churches. Sheriff Stuart Reid upheld the decision by Glasgow City Council to change the route of the

A tenant in a house of multiple occupancy who claimed she and her landlords were subject to a private residential tenancy (PRT) has had her appeal dismissed. The appellant was seeking remedies under the Private Housing (Tenancies) (Scotland) Act 2016, but the Upper Tribunal for Scotland&nb

A district judge who raised concerns about budget cuts qualifies as a worker for the purposes of legislation protecting whistleblowers, justices in the Supreme Court have ruled. Lady Hale with whom Lord Kerr, Lord Carnwath, Lady Arden and Sir Declan Morgan agreed, delivered the judgment.

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