Case Reports

A sheriff has concluded that the death of a soldier who died after his sniper rifle discharged at his head while he was holding it could have been avoided if normal procedures for the unloading of rifles had been carried out following a shooting drill earlier that day, however no defects in any syst

A forklift driver who was constructively dismissed from his role with a whisky distiller and obtained just under £13,000 in awards has lost on most of his points in an appeal against an employment tribunal’s decision not to order his reinstatement and what he considered to be too low an

The Employment Appeal Tribunal has quashed an employment tribunal’s order to reinstate an employee of the British Council whom it dismissed after it was alleged that he had sexually touched an employee of the British Embassy in Italy at a social event in his flat. Paul Sellers raised a claim o

An appeal by two company directors against a sheriff’s decision they had acted unfairly towards a former director who was dismissed unilaterally after a period of serious illness has been refused by the Sheriff Appeal Court. Pursuer and respondent Stephen Miller originally raised the action ag

An Inverness GP who sought reduction of a sheriff’s determination that the death of a young child may have been avoided had she referred her to a paediatric unit in 2019 has had a judicial review petition to that effect refused. Karen Duncan argued that the sheriff had misdirected herself in l

An appeal to the Sheriff Appeal Court by a supermarket after one of its customers at a West Dunbartonshire store was awarded £9,500 after tripping on a mat at the exit of the store has been refused after the court found that the sheriff had correctly applied the maxim of res ipsa loquitur. Pur

A sheriff has imposed a three-month anti-social behaviour order on the tenant of a council flat in East Kilbride after finding he had acted aggressively towards his neighbours and threatened a member of the council’s staff over the phone. South Lanarkshire Council applied for an order in respe

The Sheriff Appeal Court has refused an appeal by a property developer against a sheriff’s decision that he was obliged to discharge a standard security granted over a site in an Aberdeen suburb he sought to develop alongside its original owner. Appellant Daniel Donald, the defender in an acti

A 64-year-old man who was imprisoned for life after he murdered his long-term partner in front of their teenage daughter has had the punishment part of his sentence reduced after an appeal to the High Court of Justiciary. Colin Kennedy was convicted of the murder of Catherine Stewart on 7 August 202

A sheriff has awarded a Glasgow motorist who was struck from behind at a junction the sum of £3,144 in damages after finding that she had suffered neck pain for four months following the accident. Farheen Ackrim sought damages from UK Insurance Ltd after she sustained a soft tissue injury from

A lord ordinary has allowed a proof in the case of a man who sought damages from the police after he was charged with the crime of stalking but ultimately was not tried for the offence. Brian MacGregor claimed that a Standard Prosecution Report prepared by the police was deliberately false and misle

A mother who sought the summary return of her 11-year-old child to Poland after she was taken by her father to the UK without warning has successfully applied to the High Court of England and Wales for an order that she be returned. F, the applicant, argued that the respondent G had failed to establ

A former local authority employee who was dismissed after taking a long period of absence following complaints he made about health and safety practices at his workplace has lost an Employment Appeal Tribunal challenge to the dismissal of his application due to time bar. Paul Douglas was employed as

A woman who purchased a $4.1 million penthouse apartment in the Bahamas, the title document for which indicated it was smaller than it was, has lost an appeal to the Judicial Board of the Privy Council in an action seeking a declaration she had validly rescinded the contract and repayment of her dep

An Edinburgh woman who made an out of catchment placement request for her child after they were bullied at their secondary school has lost a Sheriff Court appeal against the refusal of the request by her local education authority. The pursuer, N, had previously had an appeal heard by the City of Edi