Case archive



Child abuse victim wins appeal for criminal injuries compensation

A woman who was assaulted by her mother when she was a baby has won a long-running legal battle for criminal injuries compensation after taking her appeal to the UK Supreme Court.

Court of Session Inner House — 4 February 2019

Judge rejects human rights challenge to Scots law ‘fixed penalty notice’ scheme 

A teenager who claimed that Scottish legislation on “fixed penalty notices” breached European human rights law on the basis that there was no means of challenging the charge if an individual failed to ask to be tried for the alleged offence within the statutory 28-day time limit has had his case dismissed.

Court of Session Outer House — 1 February 2019

Foreign nationals successfully challenge decisions to refuse leave to remain applications over ‘errors’ in declared earnings

Two foreign nationals whose applications for indefinite leave to remain in the United Kingdom were refused because of discrepancies in their declared earnings have successfully challenged the decisions.

Court of Session Outer House — 31 January 2019

Supreme Court: Refusal to compensate men whose convictions were overturned does not breach presumption of innocence

The requirement for a person to prove beyond a reasonable doubt that they did not commit an offence in order to access compensation for a miscarriage of justice does not breach their right to presumption of innocence, the Supreme Court has ruled.

UK Supreme Court — 30 January 2019

Motorist convicted of third drink-driving offence fails in appeal against custodial sentence

A motorist who was jailed for eight months after pleading guilty to a charge of drink driving having been caught more than seven times over the legal limit has had his sentence reduced following an appeal.

Sheriff Appeal Court — 29 January 2019

Judge dismisses commercial tenant’s challenge to rent review decision as ‘incompetent’

A tenant of commercial premises which challenged an independent surveyor’s determination of the revised rent payable to the landlord has had its action dismissed as “incompetent”.

Court of Session Outer House — 28 January 2019

Judge dismisses ‘time-barred’ £650,000 damages claim for accident in 1965 as ‘irrelevant in law’ 

A man who claimed he was struck by a car when he was a primary school boy more than 50 years ago in an accident which he could not remember and of which there was almost no evidence has had has claim for £650,000 in damages against a Scottish local authority dismissed.

Court of Session Outer House — 25 January 2019

Dairy firm and housebuilder win appeal over Bridge of Allan housing development

A family dairy company and a housebuilder who challenged a Scottish local authority’s refusal to grant planning permission for a new housing development on green belt land have successfully appealed against the decision.

Court of Session Inner House — 24 January 2019

Motorcyclist who crashed into back of car which stopped for ‘no reason’ awarded damages

A motorcyclist who was injured after crashing into the back of a car which performed an unnecessary “emergency stop” has been awarded nearly £50,000 damages.

Sheriff Court — 23 January 2019

Agent entitled to challenge planning decision as an ‘aggrieved person’, judge rules in dismissing preliminary objection to appeal

An agent acting on behalf of a landowner and a contractor in relation to proposed works at a quarry should be regarded as “aggrieved person” and therefore entitled to challenge a planning decision, a Court of Session judge has ruled.

Court of Session Inner House — 22 January 2019

Consumers entitled to refund for rejected goods they gave away after company failed to collect

A consumer who purchased a new living room suite but rejected it following delivery because it was not of satisfactory quality and later gave it away after the seller ignored repeated requests to uplift the goods is entitled to a full refund, an appeal court has ruled.

Sheriff Appeal Court — 21 January 2019

Woman injured in fall wins damages after appealing against sheriff’s ‘volenti non fit injuria’ ruling

A woman with medical problems and restricted mobility who sued public works contractors after she fell and was injured as she tried to access her front door while excavation works were ongoing outside the property has won her appeal for damages.

Sheriff Appeal Court — 16 January 2019

Scots lawyer fined £7,500 for failing to act in client’s best interests 

A Scottish solicitor who failed to progress a case on behalf of a client who was suing his former employer has been fined £7,500. Quinton Muir, 51, was found guilty of “professional misconduct” by

Scottish Solicitors Discipline Tribunal — 15 January 2019

Judge rejects father’s bid to return cancer-stricken daughter to Ireland after ruling child was ‘habitually resident’ with mother in Scotland 

An Irish father-of-one who claimed that his estranged Scottish wife had unlawfully retained their daughter in Scotland after the child underwent emergency cancer treatment here has had an application for a court order for the toddler’s return to Ireland dismissed.

Court of Session Outer House — 14 January 2019

Scots lawyer struck off following embezzlement conviction

A Scots lawyer convicted of embezzling more than £20,000 of clients’ money has been struck off the solicitors’ roll by the Scottish Solicitors’ Discipline Tribunal (SSDT).

Scottish Solicitors Discipline Tribunal — 11 January 2019