Case Reports

A former member of the Household Cavalry has lost a case against the Ministry of Defence in which he claimed that he was negligently exposed to unsafe levels of noise while working with armoured vehicles in order to test them for future military use. Jonathan Bevan drove and tested Ajax armoured veh

A Saudi-based Scottish worker whose home in Whiteness was subjected to a second home council tax premium has succeeded in having the case remitted to the First-tier Tribunal following an appeal to the Upper Tribunal for Scotland. A second home levy of £2,048.49 was imposed on Mr A, the appella

An Edinburgh sheriff has made no recommendations following the conclusion of a fatal accident inquiry into the death of a man who was struck by a tram after finding that the defects that led to his death had been addressed appropriately. Carlos Correa died aged 53 on 11 September 2018 while crossing

A news organisation based in the USA has lost an Employment Appeal Tribunal appeal against a decision that a UK employment tribunal had jurisdiction in a dispute over claim by a British journalist initially employed by its Atlanta office for unfair dismissal and various other kinds of discrimination

The relatives of a man who took his own life who sought damages from a health board for medical negligence have lost a Sheriff Appeal Court challenge to a sheriff’s decision not to extend the time limit for personal injury claims after they raised their action over three years after his death.

A lord ordinary has ruled that a decision of Glasgow City Council to award a four-year contract for homelessness assistance services to the Salvation Army, even though another charity scored higher in the bidding process, was lawfully taken after a challenge was mounted by the highest-scoring bidder

A prisoner convicted on indictment of possession of offensive weapons at Perth Sheriff Court following a trial at which he was unrepresented has lost an appeal against his conviction. Appellant Richard Mullen maintained that allowing the trial to continue following the dismissal of his solicitor and

A man with indefinite leave to remain in the UK who suffered from long-term memory problems affecting his ability to learn English has lost a challenge against a decision that he was required to meet knowledge of life and language (KOLL) requirements in order to obtain UK citizenship. Shorsh Mohamma

A Scottish commercial judge has refused to grant an order sought by a Dubai-based payment services company against a former client registered in Scotland after finding that the circumstances in which the order was sought were in breach of natural justice. Papel Payment Services Provider LLC sought t

A student who raped a friend after she refused to have sex with him at his flat has lost a High Court appeal against his conviction based on an argument that his representation at trial was defective. Oluwatayo Dada was convicted at Inverness High Court of one charge of sexual assault and another of

The UK Supreme Court has considered, in a case originating from Northern Ireland, the question of whether the interpretation of defence statements in jury trials is a matter for the trial judge or jury. Delivering judgment for the Supreme Court, Lord Nicholas Hamblen stated: “In evidence the a

The Sheriff Appeal Court has by a 2-1 majority upheld the conviction of a man convicted of distracting a tractor driver with a laser beam after finding that the Crown had proved all the essentials of the statutory offence. Samuel Stewart was convicted of an offence under section 1(1) of the Laser Mi

A Falkirk sheriff has dismissed an action by the former trustees of an Islamic centre seeking their reinstatement as trustees following their expulsion at a members’ meeting after finding that the sheriff court was not the appropriate jurisdiction for the action. Mohammed Imtiaz and two other

A reclaiming motion by a oil and gas businessman who had an action for damages, the largest in Scottish legal history, from an unlawful means conspiracy refused by a commercial judge has been refused by the Inner House of the Court of Session after the court ruled there was no error in the original

A Dundee sheriff has refused an appeal by a trust against a decision of the Scottish ministers to allow a community body to exercise the right to purchase derelict land in St Andrews owned by the trust, in the first appeal of its kind in Scotland. Forthtay Ltd Employee Trust, which owned a plot of l