Case Reports

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

The widow of a man who died unexpectedly of a brain haemorrhage in 2016 has lost a case against the providers of his life insurance seeking payment under the policy after a lord ordinary found that he had made qualifying misrepresentations when filling out the proposal form to obtain cover. Gillian

The Supreme Court has dismissed an appeal by an Aberdeen-based offshore drilling company against a decision of the Court of Appeal that a hire cap provision could be applied to its provision of a support vessel for an oil platform for the purposes of calculating corporation tax due in the accounting

A student with dual citizenship of the UK and South Africa who was charged the higher rate of fees by a Scottish university after it realised that he had paid the wrong rate for his first two years of study has lost a judicial review challenge based on discrimination on the basis that he had fled fr

A Polish national tried and convicted for robbery in his home country has lost a challenge against his extradition in the High Court of Justiciary based on a contention that the warrant for his arrest executed in Scotland was fundamentally flawed. Karol Meger was convicted after trial of the robbery

An Albanian national jailed for 32 months for farming cannabis in two flats in Falkirk has lost an appeal to the High Court of Justiciary against the length of his headline sentence arguing that the sentence was excessive compared to other recent UK decisions. Arber Ketuka pled guilty under section