Case Reports

A man who robbed an Aberdeen shop at knifepoint and stole cigarettes worth around £350 has had his sentence of imprisonment extended after the Crown challenged the sentence as unduly lenient. John Gallagher was given an in cumulo sentence of three years and four months’ imprisonment for

A landlord who was refused an eviction order against a tenant in rent arrears after a housing tribunal found that there would be significant detrimental impact on the tenant has won an appeal to the Upper Tribunal for Scotland against the decision and granted the order sought. Appellant Scott Mackel

A Glasgow sheriff has ruled that a £70,000 payment by a deceased father to his youngest son in 2009 was not a loan and did not impose a repayment obligation on the son, now also deceased, after an action was raised by his elder brother seeking repayment. Pursuers Jonathan Russell, the eldest s

An appeal against conviction by a university student convicted of sexually assaulting another student on his course at a night in with friends and then in a taxi has been refused by the High Court of Justiciary after it found there was no basis for the jury to consider the issue of reasonable belief

A supermarket lorry driver has been awarded over £56,000 in damages in a personal injury action against his employer after a sheriff found that his claim had not been exhausted by a previous agreement between the pursuer and the first defender. Thomas Ward raised the action against his employe

A sheriff of the Upper Tribunal for Scotland has remitted three applications by the owners of holiday chalets on a lochside estate concerning alleged breaches of property factor duties to the First-tier Tribunal for Scotland after finding that the chalets could be considered residential properties f

A sheriff has granted summary decree for payment of a loan granted by a company director to a homebuyer after finding that nothing in the agreement prevented the company, which was used as a vehicle for the loan, from demanding payment without the consent of the director. New House Purchasers Ltd so

A Falkirk sheriff has dismissed an action originally raised by a woman under section 28(2) of the Family Law (Scotland) Act 2006 seeking payment from her former cohabiting partner after finding that her alternative case based on unjustified enrichment had not been made out. Pursuer Leanne McGunnigal

A Crown appeal against the 13-year punishment part of a life sentence imposed on a man who beat his friend unconscious and left him outside to die has succeeded before the High Court of Justiciary, with the punishment part extended by four years. Christopher Brown was convicted of the murder of Henr

A woman who assaulted a door steward at a bar and then bit a police constable after being arrested has had her custodial sentence quashed and replaced with a community payback order after appealing against her sentence to the High Court of Justiciary. Appellant CD pled guilty to three charges on ind

Two pilots who claimed that they lost the chance to bring personal injury claims against their employer as part of a group action in England due to the negligence of a firm of Scottish solicitors they instructed have been awarded damages after it was found they had a 40 per cent chance of success in

The Sheriff Appeal Court has refused an appeal by a company director against a sheriff’s decision that an obligation under a personal guarantee to account for a £20,000 loan debt owed by his company had effectively transferred to the assignee of that debt. Appellant Kenneth Scott was the

A law graduate who sought to appeal her 2:1 degree classification but was told she could not raise an appeal after her graduation has won an appeal against a decision of the court to uphold a finding of the Scottish Public Services Ombudsman that there had been no viable ground of complaint. Petitio

A hairdresser who was convicted of assaulting an 88-year-old man with dementia in a care home has lost a Sheriff Appeal Court challenge to the conviction based on an argument that there was insufficient corroboration of the evidence that she had committed an assault. Elaine Murphy, who was convicted

A High Court judge in Birmingham has ruled that the insurer of a stolen motorbike that was involved in an accident at a crossroads that injured a 15-year-old pillion passenger on the bike was liable to pay damages for the injuries he sustained, albeit with a 20 per cent reduction for contributory ne