Case Reports

A cyclist who was struck by a 4×4 towing a trailer while taking part in a bike race has been awarded £55,000 damages. Graeme Daly, who was participating in a 10-mile team time trial event in Perth and Kinross, was seeking £110,000 following the collision in 2015.

A man accused of assaulting a nursing assisting whose plea of not guilty was accepted by the Crown on the basis that he was unable by reason of mental disorder to appreciate the wrongfulness of his conduct has had an appeal against a sheriff’s decision to impose a compulsion order dismissed. The S

The parents of four children in respect of whom a Scottish local authority’s applications for permanence orders were refused have had their claims for the expenses of the action dismissed. A judge in the Court of Session held that while in practice expenses are not ordinarily awarded following per

A prisoner who claimed that Scottish prison authorities “unlawfully” opened mail addressed to him and that the failure to treat correspondence between inmates and legal regulatory bodies of of other parts of the United Kingdom as confidential was “irrational” has had his case dismissed. Will

Asylum seekers may not be subjected to a psychological test in order to determine their sexual orientation, the Court of Justice of European Union(CJEU) has determined. The performance of such a test, the court said, amounts to a disproportionate interference in the private life of the asylum seeker

A man who was fined after being found guilty of sexual assault has successfully challenged his automatic five-year registration as a sex offender. The Sheriff Appeal Court ruled that the notification requirements imposed for an offence which the sheriff considered to be “at the lower end of the sc

Two patients detained at low and medium secure psychiatric units who claimed that the blanket ban on smoking in the grounds of the mental health hospitals breached their human rights have had their actions dismissed. A judge in the Court of Session ruled that the complete ban on smoking was “lawfu

A man acting under a power of attorney who challenged the lawfulness of a Scottish local authority’s decisions relating to the provision of community care services to his elderly mother has had his appeal refused. The petitioner and reclaimer “PQ” claimed that the respondent Glasgow City Counc

A property developer who entered into an agreement with a bank to sell 26 homes he had purchased with loan funding after he became liable to repay more than £2.5 million in loans is challenging a bid by the lender to terminate the contract. The bank claimed that the pursuer failed pay the rental in

Austrian privacy campaigner Max Schrems can bring an individual action in Austria against Facebook Ireland, the Court of Justice of the European Union (CJEU) has ruled. However, he cannot bring proceedings on behalf of seven other users in Austria, Germany and India who assigned him their claims for

ed. Whether the appellant had administered a drug to her had very little, if any, bearing on that central issue. In so far as the jury may have been given an impression of the Crown’s lingering suspicion, that could only have had a conceivable bearing, as reflecting on the appellant’s character,

A man who was given a non-harassment order (NHO) when his sentence was deferred for “good behaviour” after he was found guilty of “threatening or abusive behaviour” likely to cause “fear or alarm” has had an appeal against the order dismissed. The appellant challenged the competency of t

A Cameroonian woman who claimed she would be subject to forced marriage and female genital mutilation if she were returned to Cameroon has been granted permission to appeal in her bid for asylum. A judge in the Court of Session granted leave to appeal after ruling that the challenge had “substanti

A man convicted of murdering his wife who has been seeking to challenge his former employer’s decision to award him a reduced pension has had his case dismissed. David Lilburn, 54, who is currently incarcerated at the State Hospital in Carstairs after being sentenced to life imprisonment with a pu

g such an attack. In these circumstances, the sheriff was entitled to take the view that there was no evidence from which it could be inferred that the appellant might have been acting in self-defence.” In relation to the sentence imposed it was argued that although a custodial sentence was approp