Case Reports

DWF LLP has failed in a plea to have a £1 million claim against it dismissed in a commercial action brought by the landlord of its former Glasgow offices. The UK law firm, which entered the Scottish legal sector in 2012 via its merger with Biggart Baillie, is being sued by commercial property landl

A prisoner subject to an order for lifelong restriction (OLR) who claimed his human rights had been breached because he had not been given a “reasonable opportunity” to demonstrate that his continued imprisonment was “no longer necessary for the protection of the public” has had his claim fo

Newspapers that challenged orders for costs made following trial have had their appeals unanimously dismissed by justices in the Supreme Court. Lord Neuberger gave the lead judgment, with which Lord Mance, Lord Sumption, Lord Hughes and Lord Hodge agreed.

A detainee who sought judicial review of the legality of a comprehensive ban on smoking at the State Hospital at Carstairs has had his appeal unanimously allowed by justices in the Supreme Court to the extent that the part of the impugned decision, which relates to the prohibition from possession of

The company Forge de Laguiole may oppose the registration, at EU level, of the trade mark Laguiole in the area of, inter alia, knives and cutlery but may not oppose the registration of the trade mark Laguiole in areas in which it does not actually pursue a business activity, the Court of Justice of

A man found guilty of wilful fire-raising on an “art and part” basis after paying another man to start the blaze has failed in an appeal against his conviction.

A woman who was seeking compensation for “distress” after she was photographed urinating on an Aberdeenshire golf course owned by U.S. President Donald Trump has failed in her claim. Carol Rohan Beyts, 62, was seeking £3,000 from Trump International Golf Links Scotland, claiming staff had breac

A man disallowed from pleading the reasonable belief defence after having sex with a 14-year old girl because he had previously been charged with other sexual offences has had his appeal, that the clause of the Sexual Offences Act 2009 providing for this is incompatible with his article 8 rights and

A man who was seriously injured when shards of glass struck him on the face after another man punched the glass door of a take away is to be awarded damages. A sheriff granted summary decree after ruling that that the defender, who pled guilty to “culpably and recklessly” punching through the gl

A man found guilty of historical child sex offences who claimed he suffered a “miscarriage of justice” as a result of a sheriff’s “misdirection” has failed in an appeal against his conviction. The appellant claimed that the sheriff misdirected the jury on the possible application of the do

The family of a man who drowned after his vehicle collided with a “defective parapet” on a bridge and fell into the sea have successfully sued the local authority. Plumber David Bowes, 46, drowned after his pick-up truck collided with the parapet on the Kyle of Tongue Bridge in Sutherland and fe

A former member of the armed forces who claimed he was entitled to a larger discount on the purchase price of his council home than he was offered under “right to buy” legislation has had his appeal refused. The appellant claimed his previous occupation of army property entitled him to a higher

A Crown application to lead hearsay evidence of a now deceased victim of an alleged fraud has been granted following an appeal. A sheriff had refused the application made under section 259 of the Criminal Procedure (Scotland) Act 1995 on the basis that the statements would amount to the “sole or d

A man found guilty of behaving in a “threatening and abusive manner likely to cause a reasonable person to suffer fear or alarm” after approaching a 14-year-old girl and asking to go with her to her home has failed in an appeal against his conviction. The Sheriff Appeal Court rejected the argume

A newsagent found guilty of lewd, indecent and libidinous practices towards young female employees aged between 13 and 16, who claimed that he been denied a fair trial because a sheriff’s comment to one of the witnesses that she had been “very brave” in giving her evidence showed a lack of imp