Case Reports

Countryside campaigners who sought judicial review of a decision to approve plans for a new wind farm in a designated “wild land” area have had their legal challenge dismissed. Danish billionaire and landowner Anders Povlsen, director of Wildland Limited, which owns the Ben Loyal, Kinloch and Ho

A man who was jailed for two years after being found guilty of assault to severe injury following which his victim died has failed in an appeal against what he claimed was an “excessive” sentence. The Appeal Court of the High Court of Justiciary rejected the appellant’s argument that the sente

A mother who sued a health board claiming that failures by hospital staff in the lead up to the birth of her child resulted in her baby being born with severe disabilities has had her appeal for damages dismissed. The woman “AW” raised an action against Greater Glasgow Health Board alleging negl

A couple who argued that any judge who hears a case involving a party should not have any dealings with any subsequent case involving the same party have had their appeal dismissed. The Sheriff Appeal Court rejected the appellants’ claim that a sheriff who remitted their damages action against a c

A man found guilty of rape who claimed that the complainer’s social media posts showed that she had lied to the court about how the incident affected her has had a “fresh evidence appeal” dismissed. The appellant argued that the evidence, which only came to light after the trial, showed that t

A party in civil proceedings who sought to challenge a sheriff’s ruling not to impose a penalty after the other party was found in contempt of court is entitled to appeal against the decision, the Sheriff Appeal Court has ruled. The court held that the appellant did have a “continuing locus” t

A local authority contracting organisation which raised an action against a quarry product supplier following a series of failed road repairs has had its damages claim dismissed. Tayside Contracts claimed that the chippings it purchased from D Geddes (Contractors) Limited for road surface dressing w

A prisoner who was assaulted in jail after warning a prison officer that a fellow inmate had threatened to “smash his f****** Polish face in” is entitled to damages, the Court of Session has ruled. Keith Porter was convicted of attempted murder following the attack on Daniel Kaizer in December 2

A man found guilty of being concerned in the supply of cocaine who claimed that the sheriff misdirected the jury over how they were to treat opinion evidence from a police officer has had an appeal against his conviction refused. The Appeal Court of the High Court of Justiciary agreed that the sheri

Thousands of current and former employees involved in an equal pay dispute with Scotland’s largest local authority have successfully challenged the council’s job salary re-grading scheme after complaining that the process was “fundamentally flawed”. The Inner House of the Court of Session qu

A Nigerian entrepreneur who was granted leave to remain in the UK has had a legal challenge against a decision to revoke his permission to stay dismissed. Aberdeen-based businessman Oko O-Ono had set up his own engineering consultancy company offering services to the oil and gas sector, but also wor

A former client of a Scottish legal firm who challenged a sheriff’s decision to grant decree in favour of the solicitors over his failure to pay their fees for work they did on his behalf has had his appeal dismissed. The Sheriff Appeal Court upheld the sheriff’s conclusion that the firm was ent

Two Pakistani brothers who married two sisters with British citizenship but were refused settlement in the UK have been granted leave to appeal to the Court of Session. A judge ruled that the case raised “an important point of principle or practice” which had not been conclusively resolved in re

A couple from England have been granted a court order to adopt two Scottish children despite the children’s parents opposing the applications. The siblings were taken into care following concerns about their well-being while in the care of their parents and had been living with their natural mothe

A Pakistani asylum seeker who claimed he would be persecuted because of his homosexuality if he was removed from the UK and returned to his home country has successfully challenged a decision to dismiss his appeal. The Inner House of the Court of Session remitted the case to the First-tier Tribunal