Case Reports

A motorist who was sued after she struck a pedestrian suspected of attempting suicide at the time of the accident has been cleared of any liability. A judge in the Court of Session ruled that the pursuer, who could not remember anything about the time of the accident, failed to establish that the dr

A general and absolute prohibition of any advertising for the provision of oral and dental care services is incompatible with EU law but objectives relating to the protection of public health and of the dignity of the profession of dentistry may, nevertheless, justify supervision of the form and man

A woman who challenged a Scottish local authority’s decision to grant planning permission for the development of a new wind farm in Perthshire has had her appeal refused. Helen Douglas argued that Perth and Kinross Council failed to have proper regard to its obligations as planning authority in re

A maths teacher found guilty of two charges of child sex offences 17 years apart on the basis of “mutual corroboration” has successfully appealed against his conviction. The Criminal Appeal Court ruled that there were no compelling features of such a striking similarity to suggest that the two o

was not therefore, in my view, a breach of the rules of natural justice.”

A nurse who broke her wrist and later developed a debilitating health condition after slipping on a wet hospital floor has been awarded almost £50,000 damages. Kathleen Ann McLeish, 60, was working in the A&E department at Edinburgh Royal Infirmary when she fell on a slippery surface in one of

A motorcyclist who was seriously injured in an accident has had a £250,000 damages action against a Scottish local authority over the council’s alleged failure to repair a damaged strip of road dismissed. A judge in the Court of Session ruled that the pursuer had failed to prove that the defender

The Sheriff Appeal Court has refused an appeal against a personal injury sheriff’s decision to sanction the employment of counsel in an action by an electrician who settled a damages claim against his former employers for pleural plaques he developed as a result of exposure to asbestos. Sheriff Pr

A Scottish national park authority has successfully challenged a sheriff’s decision to allow an appeal by an estate owner who had taken to steps to prevent or deter members of the public from accessing the land. The Sheriff Appeal Court ruled that the sheriff’s approach to the evidence on the ti

A Portuguese man whose daughter was “wrongfully removed” from Portugal to Scotland by her mother has failed in a legal bid to have the 10-year-old girl returned to the country of her birth. A judge in the Court of Session refused to grant an order under the Child Abduction and Custody Act 1985 a

The Court of Session has refused to allow the relatives of a mechanical fitter who died as a result of exposure to asbestos to amend their claim in their personal injury action for damages against the state. A judge held that the new claim set out in the minute of amendment, which was lodged after t

A man who attempted two bring two stun guns disguised as mobile phones into the UK after buying the weapons while on holiday has had an appeal against his five-year prison sentence refused. The Criminal Appeal Court ruled that Henry Morton failed to show “exceptional circumstances” that would ju

A mother-of-one who was seeking a court order to relocate from Scotland to England with her two-year-old son against the wishes of the child’s father has had her application refused. A judge in the Court of Session ruled that a residence order providing that the child reside with the mother was �

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