Case Reports

The High Court of Justiciary has quashed five acquittals made after a judge sustained a no case to answer submission in the trial of a man accused of various offences against his wife and daughters following a mid-trial appeal by the Crown. Respondent JSH was tried on an indictment containing 20 cha

A lord ordinary has refused permission for group proceedings arising from defective hernia mesh products after finding that the 18 claims were not suitably similar or identical to each other as to be appropriate for group procedure. Applicant Michelle Donnelly sought to become the representative par

A convicted murderer has lost an appeal against the 22-year length of the punishment part of his life sentence in which he argued that such a long period was not justified because the murder was committed spontaneously rather than being premeditated. Appellant John Farquhar, 59, pled guilty to the m

An appeal against the decision of an arbitrator that a notice of expulsion sent by a partnership to one of the partners was invalid due to not being sent within a reasonable timeframe has been refused by the Court of Session after it ruled that the arbitrator had not acted irregularly in making that

A Lord Ordinary has recalled a petition by two companies seeking to reclaim computer code from two former employees on the basis that they had breached confidentiality and infringed their copyright after finding that the petition had been granted without full disclosure. PE Ltd and another company s

The Sheriff Appeal Court has quashed a fine imposed on a student who pled guilty to sexually assaulting two women at an Edinburgh nightclub after finding that it was more appropriate in the circumstances to impose a community payback order with a supervision requirement. Appellant MD, who was aged 1

A London-based minibus driver convicted of being involved in transporting cannabis to Glasgow for supply has lost an appeal against his conviction in the High Court of Justiciary after the court found the sheriff had not failed to address the jury on what the appellant knew about what he was transpo

An English man who purchased a car from Inverness via online auction which he claimed was not properly described at the point of sale has had his simple procedure claim for a loss of just under £3,500 dismissed by a sheriff after no basis for a claim was found. Claimant Richard Town bought a 2

A personal injury sheriff has awarded just over £149,000 to a woman who was injured by a fire that broke out in her home in October 2018 after finding that the injury to her person and damage to the property was caused by her work mobile phone’s battery overheating. Denise Parks raised a

A company that leased a former coffee shop to a company for alleged use as a place of worship has lost a petition for judicial review of the local authority’s decision that they were liable to pay non-domestic rates after a lord ordinary determined that the petition was incompetent. Bridgeport

A couple who claimed they were wrongfully detained by Nottinghamshire Police in 2019 after they acted on allegations of child abuse and poisoning from their eldest child, from which no prosecution resulted, have lost the majority of their appeal against a County Court decision to dismiss a claim for

The Court of Appeal of England and Wales has dismissed an appeal by six insurers against a decision that they required to pay out on the war risks policy of a vessel detained by the Indonesian navy under border security laws in 2019 after concluding that no exclusion in the policy had been engaged b

A lord ordinary has refused to order the return of two children to the USA after their father raised a petition for orders under the Child Abduction and Custody Act 1985, after finding that the children had expressed clear objections to their return and were at risk of harm due to their father obtai

A commercial judge has recalled a warrant for diligence on the dependence by arrestment and inhibition granted based on an action raised in England by a Scottish offshore company after finding that there was no real or substantial risk that justified the warrant’s continuation. James Fisher Of

The Court of Appeal of England and Wales has refused an appeal by HMRC against a decision that workers at a poultry farming company did not require to be paid the National Minimum Wage for their travel time after finding that the Employment Tribunal had erred in its assessment of what constituted &l