Case Reports

A tenant who challenged a sheriff’s decision that he was liable to pay his former landlord two months’ unpaid rent has had his appeal dismissed. The Sheriff Appeal Court upheld the sheriff’s ruling that the landlord’s breach of certain statutory obligations did not render the lease agreement

A man who was sentenced to the minimum term of five years’ imprisonment after pleading guilty to possession of a stun gun has failed in an appeal against what he argued was an “arbitrary and disproportionate” sentence. The Appeal Court of the High Court of Justiciary upheld the decision of the

The Sheriff Appeal Court has overturned a sheriff’s decision to refuse sanction for counsel in a summary cause action arising from a road traffic accident. The court held that the sheriff erred by failing to give sufficient weight to the “importance” of the case to the pursuer.

A father whose legal action for contact with his child was dismissed after he failed to lodge a joint minute in advance of a case management hearing has successfully challenged the sheriff’s decision. The Sheriff Appeal Court allowed the appeal after ruling that the sheriff failed to have the welf

Two professional footballers who were found to have raped a woman after a judge ruled she was “incapable of consenting” due to the effects of alcohol have had an appeal against the decision dismissed. David Goodwillie and David Robertson were ordered to pay damages of £100,000 to Denise Clair a

A legal firm which sought to challenge a decision by the Scottish Legal Complaints Commission (SLCC) to admit a number of complaints to further investigation has been refused leave to appeal to the Court of Session. A judge refused the firm’s application after ruling that there was “no arguable

A Scots lawyer who was jailed for embezzling more than £260,000 from his aunt has been struck off the roll of solicitors after being found guilty of “professional misconduct”. William Walls was struck off following a separate complaint to the Scottish Solicitors' Discipline Tribunal (SSDT), whi

A party litigant who sought leave to appeal against a Sheriff Appeal Court decision refusing to allow his appeal to be received late has had his application dismissed by the Court of Session. The applicant had missed the deadline to lodge his ground of appeal in time by six days due to illness and a

A man who pled guilty to assault at a trial diet having previously offered to plead has successfully appealed against the sentence imposed after challenging the level of discount afforded by the sentencing sheriff. The Appeal Court of the High Court of Justiciary ruled that the sheriff “misdirecte

A challenge to the competency of a reclaiming motion which was designed to review not the interlocutor appealed against but an earlier interlocutor has been dismissed. The Inner House of the Court of Session repelled the objection after ruling that there was a “direct relationship” between the t

A teenager found guilty of raping a younger boy and sexually assaulting a girl has had an appeal against his conviction refused after judges rejected his argument that the doctrine of “mutual corroboration” could not apply in his case. The Appeal Court of the High Court of Justiciary held that t

A man who was jailed for the theft of a car and the reset of another vehicle has successfully appealed against a sheriff’s decision to impose a supervised release order. The Appeal Court of the High Court of Justiciary ruled that the imposition of the order on a long-term prisoner, which was due t

A man who was sentenced to three years and nine months’ imprisonment after pleading guilty to raping a child and filming the assault on his mobile phone has had his custodial term increased following an appeal by the Crown. The Appeal Court of the High Court of Justiciary quashed the sentence and

in panel debates and media appearances, the books he has written, a fundraiser he has launched and information about the legal proceedings5he has initiated against Facebook Ireland. On the subject of these legal proceedings, Mr Schrems has published two books, delivered lectures (sometimes for remu

The Scotch Whisky Association’s appeal against the legality of Scotland’s minimum pricing regime has been unanimously dismissed by justices in the Supreme Court who found its enabling legislation does not breach EU law and that it is a proportionate means of achieving a legitimate aim. T