The Employment Appeal Tribunal has allowed an appeal against the dismissal of a claim for sexual harassment by an Employment Tribunal in Cardiff after ruling that it erred in law in considering whether a person found to have sexually harassed the claimant was acting in the course of his employment.
Mitchell Skilling
A sheriff has made a joint residence order in respect of a four-year-old child due to start primary school contrary to the views of a child welfare reporter and the child herself after finding that the reporter’s conclusions failed to give adequate weight to the position of the pursuer. Pursue
A prisoner serving an extended sentence who claimed that his human rights were breached due to the Scottish ministers not affording him rehabilitative opportunities as to allow him to be released on licence has lost a judicial review challenge Petitioner AB, who was convicted of offences under the S
The Upper Tribunal for Scotland has allowed an appeal against a decision of the First-tier Tribunal’s Housing and Property Chamber to dismiss an eviction application because the notice to leave prepared by the landlord’s letting agents was one day off when it specified the date on which
A contractor has been awarded just over £558,000 in damages after a lord ordinary determined that he was wrongfully interdicted by a housebuilding company which was prosecuted for health and safety offences after interdicting the pursuer from repeating allegations about the presence of asbesto
An appeal against a judge’s decision to repel an objection to evidence in a murder trial including a computer simulated model of the accused’s account of the event based on the principle of biomechanics has been allowed by the High Court of Justiciary. Appellant Dionne Christie was indic
An Amazon courier who attacked an Edinburgh traffic warden with a knife after receiving a parking ticket has had the length of his prison sentence more than doubled in length after an appeal by the Crown against his sentence was allowed by the High Court of Justiciary. Respondent Eamonn Gallagher pl
The Sheriff Appeal Court has refused an appeal against a sheriff’s decision to grant summary decree in an action for repossession of residential premises in Dundee after determining that the appellant’s proposed defences consisted entirely of pseudo-legal assertions without a proper basi
A sheriff has ordered the payment of just over £436,000 by the stepmother of a pursuer who was due to receive funds under two testamentary trusts set up by his paternal grandparents after finding that she had breached fiduciary duties on behalf of a company set up by his father by allowing fal
A Glasgow sheriff has determined that the omission of the legal basis of a former cohabitant’s claim from his initial pleadings in an action for payment of a capital sum from his ex-partner was not fatal to his case and permitted amendment of the claim. Pursuer Thomas Barbour and defender Mari
An Edinburgh sheriff has determined that two relatives of a man wanted to face trial in Canada for manslaughter could also be extradited with him after taking the view that their conduct following the crime would have constituted the offence of attempting to defeat the ends of justice in Scotland. B
The High Court of Justiciary has quashed five acquittals made after a judge sustained a no case to answer submission in the trial of a man accused of various offences against his wife and daughters following a mid-trial appeal by the Crown. Respondent JSH was tried on an indictment containing 20 cha
A lord ordinary has refused permission for group proceedings arising from defective hernia mesh products after finding that the 18 claims were not suitably similar or identical to each other as to be appropriate for group procedure. Applicant Michelle Donnelly sought to become the representative par
A convicted murderer has lost an appeal against the 22-year length of the punishment part of his life sentence in which he argued that such a long period was not justified because the murder was committed spontaneously rather than being premeditated. Appellant John Farquhar, 59, pled guilty to the m
An appeal against the decision of an arbitrator that a notice of expulsion sent by a partnership to one of the partners was invalid due to not being sent within a reasonable timeframe has been refused by the Court of Session after it ruled that the arbitrator had not acted irregularly in making that