Case Reports

There is a right of privacy in the common law of Scotland, a Court of Session judge has ruled. The court held for the first time that the common law right exists in Scots law, and that its nature and scope is similar to that protected under article 8 of the European Convention on Huma

The Upper Tribunal for Scotland has ruled that the existence of a repairing standard enforcement order did not prevent a trust from having the requisite intention to demolish a building as per Schedule 5 of the Housing (Scotland) Act 1988. The Josephine Marshall Trust appealed against a decision of

The proprietors of a Glasgow flat who discovered that the property was in need of significant repairs following the date of entry, contrary to what the building’s property factor had told them, did not have a right to complain as they lacked title when the events occurred. Dr Brian Lynas and D

A woman who disponed her property to her daughter and her husband was unable to have the disposition reduced on the ground of undue influence as the four-part test was not satisfied in the circumstances of the case. Adeline Margaret Wilson raised the action in the Outer House of the Court of Session

The sentence of a man convicted of breaking into a British Army building and stealing dummy rifles as well as possessing a prohibited firearm under the Firearms Act 1968 has been reduced on appeal in relation to the theft charge owing to his original sentences being regarded as excessive when taken

A Reporter for the Scottish Ministers was found to have erred in law by accepting without question the findings of the planning authority regarding the quantity of effective housing land supply in the area. The Inner House of the Court of Session quashed the Reporter’s decision to refuse an ap

An employer which was found to have “victimised” a former employee after sifting out her application for a job has successfully challenged a tribunal’s decision to uphold her claim, after the employment judge “fell fully asleep not once but twice” during the hearing. Th

A short-term prisoner who claimed that a decision not to release him on a home detention curfew licence breached his human rights has had an action for £10,000 damages dismissed. Thomas Scott sued the Scottish Ministers, claiming that his continued imprisonment following a Parole Boa

The Crown has successfully appealed against a trial judge’s decision to sustain a “no case to answer” submission by a man accused of the abduction, assault and rape of his partner, who had given evidence that she “consented” to sex “but just to calm him down&rdquo

Appeal judges have criticised a sheriff’s decision to allow the removal of a screen behind which a domestic abuse victim had given evidence against her former partner in order for a dock identification to take place. Vulnerable witnesses are entitled to give their evidence from behind a screen

Prosecutors have successfully appealed against a sheriff’s decision to acquit a landlord accused of racially aggravated harassment after he called a tenant a “f*cking black bastard”. The sheriff acquitted the respondent because the Crown failed to lead any evidence to sho

Prosecutors have successfully challenged a judge’s decision to uphold a “no case to answer” submission made during a rape trial. The trial judge held that the Crown could not prove by corroborated evidence that the complainer had been asleep during the act of intercourse,

A mental health nurse who was struck-off has had an application to appeal against the decision rejected because it was lodged six days after the expiry of the statutory time limit. The Inner House of the Court of Session refused to allow the case to proceed despite the “relatively sh

News publishers who appealed over articles defamatory of a man in respect of his behaviour towards his former wife have had their appeal dismissed by justices in the Supreme Court on the basis the “serious harm” test was satisfied. The Supreme Court unanimously dismissed the appeal,

A man found guilty of two charges of rape who claimed that the trial judge “distracted” the jury by giving an “inappropriate and unnecessary” direction on the issue of reasonable belief of consent has had an appeal against his convicted rejected. The Appeal Court of the