Case Reports

A couple who are suing the former owners of their home for damages over an alleged misrepresentation that they had no experience of flooding at the property have been granted a full hearing after the sellers’ appeal was refused. The Sheriff Appeal Court upheld a decision of the sheriff that cl

A Scottish health board which is being sued by a patient for £1.5 million has had an application to remit the clinical negligence claim against it to the Court of Session dismissed. A sheriff in the All-Scotland Personal Injury Court ruled that while the case was “imp

A man convicted of unlawful sexual activity with a 14-year-old girl has successfully challenged a sheriff’s decision to impose an extended sentence. The Appeal Court of the High Court of Justiciary quashed the extension period after ruling that the sheriff failed to explain why she considered

A man who claimed to be entitled to PPI compensation in a situation in which there had been an intervening insolvency by virtue of a trust deed has had his appeal unanimously dismissed by justices in the Supreme Court, for whom the question was whether the trust deed had been brought to an end by th

A Turkish national who was seeking leave to remain in the UK as the spouse of his Scottish wife has successfully appealed against the decision to refuse his application. The Inner House of the Court of Session ruled that the First-tier Tribunal failed to make findings in fact about the app

A judge should not become a party litigant’s law agent and advise on procedural matters when dealing with applications to appeal, the Court of Session has ruled. The First Division made the observation in refusing an appeal by a builder who was seeking to challenge a sheriff’s

A father who bought a show-jumping pony for his daughter but later sued the seller after claiming that the gelding was taller than advertised has had a court ruling in his favour overturned following an appeal. Richard Mawson raised an action for “breach of contract” and “misrepres

A man found guilty of attempted murder after fire-bombing two houses in a revenge attack following an assault on his younger brother has had an appeal against conviction rejected. Naveed Iqbal, who originally faced trial along with three others, was sentenced to 16 years’ imprisonment for inst

A family has been awarded £100,000 damages following a fatal road traffic accident involving a supermarket delivery van and an fuel tanker near their home which resulted in the lorry crashing into their garden and spilling thousands of gallons of aviation fuel. Morag McKenzie, her daughter, an

A homeless man who was evicted for rent arrears has successfully argued that a decision to the effect that he was “intentionally homeless” was “unlawful” - but his legal challenge was dismissed because he raised the action against the wrong party. A judge in the Court of

A man found guilty of driving his car at a cyclist who had stolen his girlfriend’s bike and causing him severe injury before punching the thief’s friend has had his conviction quashed following an appeal. The High Court of Justiciary Appeal Court ruled that there had been a &ld

A claim made by a woman on behalf of her son against a marine vessel operator following the death of his father was not time-barred under the Athens Convention, justices in the Supreme Court have unanimously ruled, dismissing the appeal of the company. Lord Hodge gives the sole judgment with which L

A man whose wife made a false rape allegation against him and moved away with their children has been granted a divorce and a contact order in a case in which the sheriff found the children's negative views of their father were not independently formed and that the mother's witnesses,

A man found guilty of repeatedly exposing himself and masturbating in view of his next door neighbour has partially succeeded in an appeal due to a lack of corroboration. Ricky Taylor was given a restriction of liberty order and a community payback order with a period of supervision after being

A woman found guilty of attempted murder who claimed that the trial judge misdirected the jury by failing to give directions on provocation has had her appeal against conviction rejected. The Appeal Court of the High Court of Justiciary ruled that, where the accused's defence was that she