Case Reports

The Inner House of the Court of Session has allowed an appeal by a woman who raised a personal injury claim against an ambulance technician and the Scottish Ambulance Service against a lord ordinary’s decision that her direct case of breach of duty against the second defender was irrelevant in

A farm worker convicted of a road traffic offence after driving onto a manually operated level crossing while it displayed warning lights and colliding with a train has lost an appeal by stated case against his conviction based on his contention that the locus of the offence had not been proved to b

A lord ordinary has refused a judicial review application by the “limbs in the loch” killer based on a February 2024 decision of the Parole Board for Scotland to again refuse to release him on licence after finding that he still presented a risk to the public. William Beggs, who was conv

An appeal by an HGV driver against his dismissal by a haulage company based in Aberlour has succeeded before the Employment Appeal Tribunal after it found that the Employment Tribunal had erred in its approach to the law of constructive dismissal. Claimant and appellant James Marshall brought a clai

The Inner House of the Court of Session has refused a reclaiming motion against a decision that the licensee of several patents owned by a UK company was liable to pay royalties until the end of the licence period, even though the patents themselves had expired three years prior to that date. Lindal

A commercial judge has ruled that the landlord in a windfarm lease was entitled to additional rent based on payments received by the tenant for not generating electricity during periods of lower energy demand, after a claim was raised in the Outer House of the Court of Session to address the alleged

The Inner House of the Court of Session has affirmed a decision of a commercial judge that the Scottish courts have jurisdiction to hear an action arising from an alleged breach of contract between a joint venture involved in a Scottish Water pipeline project to supply drinking water to Edinburgh an

A man who had a wisdom tooth unsuccessfully extracted and required to have surgery performed on his mouth has lost a personal injury case against the dentist who originally attempted the extraction after it was found that his actions were not outwith the range of reasonable options available in the

A landlord and part-time farmer who successfully raised proceedings against Police Scotland seeking recall of a decision to revoke his shotgun certificate has lost an appeal against the sheriff’s decision that no expenses were due by either party. Kenneth Prentice, who had held a shotgun certi

An appeal under section 275 of the Criminal Procedure (Scotland) Act 1995 in which a man accused of abusing his partner sought to lead evidence that she was not of good character has been refused by the High Court of Justiciary after it determined that the evidence was not relevant to the charges. A

A petition by an asylum seeker who challenged a decision of a local authority to treat him as an adult when refusing his application for accommodation has been refused by a Lord Ordinary after he found that the council had followed appropriate procedure in carrying out an age assessment. The petitio

A man who was sentenced to just over seven years’ imprisonment attempting to murder his wife by running her over with his car following years of abuse has had his total sentence lengthened by the High Court of Justiciary following a Crown appeal. William Budge pled guilty to the attempted murd

A former MSP has lost a case against Glasgow City Council in which he alleged that it had acted unlawfully in permanently excluding him from being employed by them as a social worker on the basis that doing so would present an unacceptable level of risk. Tommy Sheridan, who served as an MSP from 199

A lord ordinary has granted decree of absolvitor in an action raised against the constructors of the Queen Elizabeth Hospital in Glasgow alleging defects in the cladding of part of the adult hospital after finding that the claim had prescribed. Greater Glasgow Health Board raised the action against

A former soldier jailed for repeatedly raping a woman he met through online dating has had his prison sentence lengthened by two years after an appeal by the Crown to the High Court of Justiciary. Calum MacGregor was sentenced to four years and six months of imprisonment after being found guilty of