Case archive



Mother of girl with selective mutism unsuccessful in obtaining order to relocate her to Germany

The mother of a child with selective mutism has been unsuccessful in establishing that it would be in the child’s best interests to relocate to her native Germany and have that be the child's principal residence.

Sheriff Court 6 August 2019

Councillor suspended for making inappropriate remarks to man seeking renewal of licence has appeal against suspension refused

A councillor suspended for making inappropriate remarks to a man seeking to renew his taxi licence has had his appeal against suspension refused by a court, in a case providing that when acting in a quasi-judicial capacity the enhanced protection afforded politicians to make political comment, under the European Convention on Human Rights, is less likely to be engaged.

Sheriff Court 2 August 2019

Crofting couple’s damages claim for neighbours’ bull’s impregnation of pedigree cow dismissed

A Hebridean crofting couple who raised an action for damages after a neighbours’ bull strayed onto their land and impregnated their pedigree cow have had their claim dismissed.

Sheriff Court 31 July 2019

Teacher’s damages claim for ‘psychiatric injury’ after being ‘excluded’ from school dismissed

A teacher who was “excluded” from a school after raising a personal injury action against a Scottish local authority following a fall at work, and then sought damages for a “depressive illness” he sustained as a result, has had his claim for “psychiatric injury” dismissed.

Sheriff Court 22 July 2019

£10,000 damages claim over ‘unlawful’ refusal to release prisoner on home detention curfew dismissed 

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.

Sheriff Court 20 June 2019

Man accused of grooming girl online wins human rights challenge against extradition to USA

A man accused of inducing a 14-year-old American girl to send him naked pictures of herself and enticing her to carry out sexual acts over the internet will not be extradited from Scotland to the United States.

Sheriff Court 4 June 2019

Student who witnessed aftermath of Glasgow bin lorry crash fails in damages claim for ‘mental harm’

A student who was diagnosed with post-traumatic stress disorder following the Glasgow bin lorry crash has had a claim for damages refused.

Sheriff Court 29 May 2019

Evidence obtained from ‘paedophile hunters’ inadmissible as conduct amounted to ‘fraud’

A man accused of “sexting” people he believed to be children has successfully challenged the Crown’s bid to lead evidence gathered by a pair of so-called “paedophile hunters”.

Sheriff Court 24 May 2019

Simple procedure claim for delivery of £30,000 car dismissed as ‘incompetent’

A simple procedure claim cannot be combined with another action where the value exceeds £5,000, a sheriff has ruled.

Sheriff Court 14 May 2019

Extradition to Poland would not breach right to a fair trial despite ‘breakdown in rule of law’, sheriff rules

A Polish national convicted of a series of offences and accused of other crimes in his home country who claimed that extradition to Poland would breach his human rights has had his legal challenge dismissed in a test case.

Sheriff Court 7 May 2019

Kezia Dugdale successfully defends defamation action over pro-independence blogger’s ‘homophobic’ tweet

The former leader of the Scottish Labour Party who was accused of defamation over a newspaper article in which she described a social media comment published online by a pro-independence blogger as “homophobic” has successfully defended a legal action against her.

Sheriff Court 18 April 2019

Man acquitted of rape found to have raped student following civil action

A former St Andrews university student who claimed she was raped by a man during a drunken night out has successfully sued him for £80,000 in damages after raising a civil action.

Sheriff Court 8 October 2018

Man acquitted of rape found to have raped student following civil action

A former St Andrews university student who claimed she was raped by a man during a drunken night out has successfully sued him for £80,000 in damages after raising a civil action.

Sheriff Court 8 October 2018

Abusive husband fails in financial claim in divorce action

A man who physically abused his wife and failed to contribute to the household finances or assist with raising the couple’s four children has had a claim for financial provision upon divorce rejected by a sheriff.

Sheriff Court 20 March 2019

Montreal Convention: Settlement of action leaves law uncertain on recoverability of damages for psychiatric injury

A woman who sued an airline after claiming to have suffered both physical and psychiatric injuries following a crash which occurred while she was travelling on a bus from an aircraft to an airport terminal building has settled her case out of court.

Sheriff Court 22 February 2019