Case Reports

The Inner House of the Court of Session has refused an appeal by a doctor against a decision of a mental health tribunal preventing the transfer of a patient subject to a compulsory treatment order from Scotland to London after finding that the tribunal had correctly applied the doctrine of res judi

An appeal by a gym operator against a sheriff’s decision to award personal injury damages to a man injured by a damaged weight plate at a Glasgow gym has been allowed by the Sheriff Appeal Court after it found that the sheriff was not able to find that the plate was under its exclusive managem

A former law student at the University of Glasgow has won a judicial review challenge against the decision of the Scottish Public Services Ombudsman to refuse to investigate her complaints into a dispute over her degree classification after a lord ordinary found that two her three grounds of appeal

The Supreme Court has ruled that a creditor should be considered to be put on inquiry in any hybrid non-commercial transaction that appears to be overly weighted in favour of discharging the debts of a single borrower after an appeal was brought by a woman who was left with a mortgaged property she

A sheriff has revoked the appointment of the attorney of a woman with Alzheimer's disease after finding that he had used her money for his own interests and misled his co-attorney in respect of rental income for a property she owned. The applicant, C, and the respondent, M, were two of four children

The Sheriff Appeal Court has refused an appeal against a sheriff’s decision that two residential landlords were not in breach of occupiers’ liability legislation as a result of their tenant’s children falling into a scalding hot bath she had run for herself. Appellant NM raised an

Two charity employees and directors of St Mirren FC have lost a defamation case against a former director of the club based on statements he posted online and made to journalists while seeking election to the board of the club’s supporters’ association after it was found they were based

The Inner House of the Court of Session has refused an appeal by a company seeking to develop derelict land near Paisley against a reporter’s decision that the residential part of the development went against the masterplan for the area. J29 (Scotland) Ltd sought to construct a multi-use devel

The Employment Appeal Tribunal has allowed an appeal by the Scottish Ministers against a decision to permit a disability discrimination claim against them by a former fixed-term employee after ruling that the Employment Tribunal had failed to properly consider the issues of the claim and whether it

A group of automotive companies have lost an appeal in the Inner House of the Court of Session against a lord ordinary’s grant of permission for group proceedings to be brought against them based on the installation of prohibited defeat devices into diesel vehicles. The reclaimers, members of

A 20-year-old man who received an order for lifelong restriction after abducting a vulnerable teenager, threatening him with a BB gun, and forcing him to perform oral sex has lost an appeal in the High Court of Justiciary against his sentence. Appellant NS, who was 18 when he committed the offences,

The Sheriff Appeal Court has refused an appeal by stated case by a woman convicted of an offence under the Dangerous Dogs Act 1991 after her German Shephard bit a courier delivering a parcel to her property. Appellant Janet Macfarlane challenged her conviction on the basis that there were no grounds

An appeal by stated case under section 163 of the Children’s Hearings (Scotland) Act 2011 against a sheriff’s decision to request a transfer of jurisdiction over a compulsory supervision order has been allowed by the Court of Session after it found the sheriff acted inappropriately in ma

The High Court of Justiciary has refused an appeal against conviction and sentence by a man who abused and raped three of his partners after finding that no miscarriage of justice occurred due to the admission of late hearsay evidence on the fourth day of trial. Kyle Beveridge was given an in cumulo

A debt purchase company that appealed an expenses decision in an undefended simple procedure claim over a £87 difference between the sum sought and the sum awarded has won its appeal to the Sheriff Appeal Court, but only in terms of a finding that an earlier Sheriff Appeal Court case on the is