Case Reports

A common law case brought by a woman who claims to have suffered “loss, injury and damage” as a result of medical treatment involving a vaginal mesh product will proceed to a full hearing despite the manufacturer’s attempts to have the action dismissed. A judge in the Court of Sess

A decision that a boy was not a “relevant person” for the purposes of attending a children’s hearing concerning his baby half-sister did not breach the older child’s human rights, appeal judges have ruled. The Inner House of the Court of Session upheld a sheriff&rsq

A Scots lawyer who overcharged clients by thousands of pounds, including one case which resulted in £116,000 compensation being paid out from the Law Society of Scotland’s client protection fund, has been struck off the roll of solicitors after being guilty of “professional miscond

A man who claimed he did not pose a “serious risk of harm to the public” after being given an extended sentence for possessing and distributing indecent images of children has had an appeal against a sheriff’s decision to impose an extension period dismissed. John Doherty, whose ca

An environmental campaigner who was seeking to challenge decisions of the UK and Scottish governments not to hold a public inquiry into undercover policing activities in Scotland following the so-called “spy-cops” scandal has had her application for judicial review dismissed. A judge in

A woman found guilty of running a brothel and escort business in Edinburgh who claimed she suffered a “miscarriage of justice” has failed in a legal challenge against a decision of the Scottish Criminal Cases Review Commission (SCCRC) to reject an application to refer her case

A man who was found guilty of historical sexual offences including the rape of fellow pupils at the Royal Blind School in Edinburgh has had an appeal against his conviction refused. David Penman claimed that the trial judge’s decision to allow the Crown to introduce evidence that he had p

A man found guilty of sexually abusing three boys who claimed that a police statement given by a witness who could not remember making the statement due to memory loss should not have been admitted as evidence has had an appeal against his conviction rejected – despite the fact appeal judges r

A property owner who sued the Royal Bank of Scotland for breach of contract over the mortgage lender’s early termination and demand for repayment of three loans has had his £160,000 damages action against bank dismissed following an appeal. The Inner House of the Court of Session upheld

A contempt of court action against the chairman of Rangers Football Club over his alleged breach of a court order requiring him to make an offer for the remaining shares of Rangers International Football Club Plc will proceed after a judge rejected his challenge to the competency of the proceedings.

A group of ten police officers against whom misconduct proceedings were raised after a detective investigating allegations of sexual offences against another constable came across a series of “WhatsApp” messages are suing the Chief Constable of Police Scotland. The petitioners are seekin

A schoolboy who was sentenced to 12 months’ detention for slashing a fellow pupil with a knife during a fight in the school canteen has successfully appealed against a sheriff’s decision to impose a custodial sentence. The Criminal Appeal Court ruled that while the circumstances of the c

A man found guilty of the repeated rape of a former partner who claimed he was the victim of a “miscarriage of justice” based on “fresh evidence” that the complainer had sent a message to police stating that she had put “an innocent man in jail” has had his appeal

The UK government has had an application for permission to appeal to the UK Supreme Court against the decision to refer the question of whether the Article 50 notification to leave the EU can be unilaterally revoked to the Court of Justice of the European Union refused. The Inner House of the Court

The passengers of a car who suffered whiplash injuries following a road traffic accident have had the damages awarded in their favour reduced after the driver of the other vehicle’s insurers successfully challenged the medical evidence given in support of their claims. The Sheriff Appeal Court