Case Reports

The Inner House of the Court of Session has ruled that a female lawyer who sought to sue a sheriff for sexual harassment could not also sue the lord advocate on the basis of vicarious liability on the part of the Crown. It was alleged by the anonymous pursuer, X, that Sheriff John Brown had touched

An A&E doctor based in Larbert who was dismissed for inappropriate communication with a patient has won a claim of unfair dismissal before the Employment Tribunal but had the amount of the award reduced by 15 per cent for contributory conduct. Dr Richard MacCallum was suspended on full pay by Fo

An Aberdeen sheriff has rejected a counterclaim by a client of a firm of solicitors who alleged that he had suffered loss and damage from a breach of contract by a member of the firm’s predecessor arising from a land boundary dispute with a property developer he had instructed the firm to deal

A personal injury sheriff has ruled that a pursuer in a road traffic accident claim had, along with the driver of the other vehicle, attempted to perpetrate an insurance fraud and thus was not entitled to reparations. Pursuer Arif Khan raised the action against Mohammad Arshad and his insurer, AXA I

A lord ordinary has declined to make an order returning an eight-year-old girl to her mother in Russia after she petitioned the court for an order under the Hague Convention on Child Abduction after her father declined to return her. Petitioner TS, a national of Kazakhstan who resided in Chechnya in

A cyclist who was seriously injured when he crashed into another cyclist on a National Cycle Route has successfully established that the other cyclist was at fault in a personal injury action raised against him, but with contributory negligence of 50 per cent. Nigel Dick, 54, and Joseph Merrick, 66,

A father whose child drowned in a bathtub while in a kinship placement approved by a local authority has been allowed a proof in his action against that authority after a Lord Ordinary rejected arguments that the chain of causation had been broken. Tommy Cruickshanks raised the action against Glasgo

The High Court of Justiciary has refused two appeals against conviction by a pair who were convicted of the attempted murder of a man in an Edinburgh newsagent after they argued they had not been given a fair trial. Lewis Spence and Connor Steele were each given an extended sentence with a custodial

A Blue Badge holder who was refused an appeal against a Penalty Charge Notice he was given for parking his car on a yellow line without displaying his badge has had the decision of the First-tier Tribunal for Scotland quashed on further appeal to the Upper Tribunal for Scotland, and his case remitte

A Scottish man injured when he was a passenger on a tour bus in Malta has failed to establish that the Court of Session has jurisdiction in respect of the operator of the bus, after it was added to the action alongside its insurer. The lord ordinary had previously dismissed part of pursuer Simon Mor

A motorcycle dealership which was found liable for most of the expenses of an abandoned action against it in relation to a faulty bike it sold to a customer has lost a Sheriff Appeal Court challenge to the sheriff’s findings on expenses. Original pursuer and respondent Norman Christie abandone

A lord ordinary has allowed a proof before answer in a civil damages action raised by the family of Emily Drouet, a University of Aberdeen student who committed suicide after being abused by her boyfriend, but only in respect of the claims of her siblings who were under 16 at the time of her death.

The Sheriff Appeal Court has refused the substantial part of an appeal against an interdict pronounced against an environmental campaigner and researcher who trespassed onto fish farming sites to take video footages of the fish, but allowed for amendments to tighten its scope. Pursuer and respondent

An application for permission to appeal a decision of the First-tier Tribunal for Scotland’s Social Security Chamber by a man who sought additional living and mobility points in respect of Adult Disability Payment on the basis of an enlarged prostate has been refused by the Upper Tribunal for

A man convicted of assaulting members of his extended family between 1999 and 2001 has lost a High Court appeal against one of the charges after failing to establish that the jury had been misdirected on corroboration. Appellant JH argued that the trial judge had misdirected the jury in relation to