Case Reports

The Prime Minister’s advice to HM the Queen that the United Kingdom Parliament should be prorogued for five weeks in the run up to “Brexit” was “unlawful”, the Inner House of the Court of Session has ruled in a judgment whose full version will be published on

A teenager found guilty of the rape and murder of a six-year-old girl has had the punishment part of his life sentence reduced following an appeal. Aaron Campbell, who was sentenced to detention for life with a punishment part of 27 years for the abduction, rape and murder of Alesha MacPhail on the

A man found guilty of a Glasgow gangland murder has had an application to amend the grounds of his appeal against his conviction refused. David Scott, who was sentenced to life imprisonment with a punishment part of 22 years after being found guilty of the “execution” of Euan Johnston in

A man who was required to pay a total of £6,000 in compensation after shouting sectarian abuse at two police officers during a drunken struggle and spitting at a paramedic has had an appeal against what he claimed was an “excessive” amount rejected. John McLellan, who was given a c

A legal challenge by a cross-party group of parliamentarians against the proposed suspension of the UK Parliament ahead of “Brexit day” has been dismissed. A judge in the Court of Session ruled that the advice given by Prime Minister Boris Johnson to Her Majesty The Queen to pr

A prison officer who was sacked for “gross misconduct” after posting “inappropriate and offensive” comments about Muslims on his Facebook page has had an “unfair dismissal” claim rejected. An Employment Tribunal dismissed the claim after ruling that the

A motorist accused of speeding who claimed that the notice of intended prosecution he received was “invalid” because it bore an electronic signature of the former chief constable has had his appeal dismissed. John Scrimgeour-Wedderburn challenged the competency of his proposed prose

A legal challenge brought by a cross-party group of parliamentarians to temporarily halt the effect of Prime Minister Boris Johnson’s advice to Her Majesty the Queen to shut down the UK Parliament ahead of “Brexit day” has been rejected. A judge in the Court of Session re

A sheriff may rely on facts established at a hearing on a ground of referral before a Children’s Hearing when considering an application for a permanence order, appeal judges have ruled. The Inner House of the Court of Session refused a legal challenge by the mother of a child who wa

Prison authorities have successfully challenged a sheriff’s decision to allow a full hearing in a case brought by a former inmate who claimed he was "wrongfully" recalled to custody after being released on home detention curfew. John Paton raised an action for damages for the “wrong

A patient who sued his local health service over alleged failures in diagnosis and treatment of symptoms affecting his right leg and foot has had a damages claim dismissed. Barrie Spark raised a “negligence” action against Western Isles NHS, Benbecula Medical Practice, Uist and

A couple who challenged a Scottish local authority’s decision to refuse their application to redevelop a building for use as a hotel and guesthouse have had their appeal dismissed. The party litigants claimed that the council ought to have referred their application to the Scottish Ministers r

Members of a Christian pro-life campaign group have had a legal challenge against a local authority’s decision to impose a “safe zone” banning protests around an abortion clinic dismissed. It was argued that the council did not have the power to make a “Public Spaces Protecti

A construction company which is being sued for £3.8 million by a hotelier following a contractual dispute has successfully challenged a court ruling preventing it from having the case resolved by adjudication. A judge in the Court of Session recalled the interim orders interdicting t

A party to an arbitration which was seeking to challenge an arbitrator’s award on the basis of an alleged “legal error” has had an application for leave to appeal against the decision refused. A judge in the Court of Session refused the application after ruling that the t