Case Reports

The High Court of Justiciary has ruled that an accused who was taken into custody at his workplace and then searched by the police at his home address, for which they had a warrant, had not been subjected to an unlawful search, following a preliminary minute challenging the admissibility of evidence

A convicted murderer who as a teenager played in the lower leagues of Scottish football, given a life sentence with a 22-year punishment part for the murder of his partner by serious, repeated physical attacks, has lost an appeal against his sentence after the High Court of Justiciary found that the

A former police constable has been awarded £210,000 in damages after a personal injury sheriff ruled that Authorised Firearms Officers ought to have been deployed to an incident in Inverness in which he suffered injuries from an individual who had run away from the police earlier in the day. M

A property development company that alleged that a surveyor’s company instructed by the seller of a property it purchased had negligently failed to detect serious structural issues with the building has had its action dismissed after a sheriff found that its averments did not meet the standard

The Sheriff Appeal Court has refused an appeal by a trade union against a sheriff’s decision that tweets it posted about the wages of restaurant workers in Glasgow were defamatory of the restaurant’s parent company after finding that the sheriff was entitled to reach the conclusion he di

A Forfar sheriff has ordered that two children of a separated cohabiting couple should attend a primary school in Dunfermline at which their mother was now employed full-time after both parties sought competing specific issue orders to resolve a dispute over the children’s schooling following

The High Court of Justiciary has quashed a woman’s three convictions in respect of abusive communications and breach of bail offences to which she pled guilty at trial after ruling that she had a severe delusional disorder that prevented her from tendering an effective plea and from being fit

A Glasgow sheriff has dismissed an action by a divorced husband against his solicitors seeking damages in excess of £137,000 after finding that he had failed to plead a relevant case to establish either negligence or breach of contract after they did not inform him he would be liable for Capit

The Sheriff Appeal Court has refused an appeal by a landowner who was awarded £772 to repair damage caused to his land by his neighbour’s cattle after finding that the sheriff was correct not to allow him to lodge additional claim forms for more damages that had not been correctly intima

A lord ordinary has granted interim possession and interdict in respect of a property forming the sequestrated estate of an elderly man in Edinburgh after finding that it was possible that there was still a risk of unlawful occupation of the property if an order was not made. The Accountant in Bankr

A woman who was refused information under the Freedom of Information (Scotland) Act 2002 concerning the number of police officers who had been arrested since 2013 had lost an appeal to the Inner House of the Court of Session against the Scottish Information Commissioner’s decision that the ref

The Upper Tribunal for Scotland has refused a tenant’s application for permission to appeal a decision of the Housing and Property Chamber of the First-tier Tribunal in which it determined that an unfair rent review clause was made fair by the inclusion of a right of independent assessment. Ro

A lord ordinary has excluded from proof a series of averments in a dispute between a telecoms company and a couple living in a former railway cottage over the proposed installation of a mast approximately half a kilometre from their property in Caithness concerning the ownership of a private level c

The Inner House of the Court of Session has refused an appeal by the mother of a child of dual Nigerian-Italian nationality against the grant of an adoption order sought by another Nigerian national living in England in respect of her now nine-year-old son, having found that there was no merit in an

The Employment Appeal Tribunal has allowed an appeal by a London firm of solicitors against a finding that it had unlawfully deducted just over £7,800 in wages from a newly qualified solicitor by failing to make a commission payment due under his contract of employment, after finding that it w