Case Reports

A man sentenced to 100 hours of unpaid work for assaulting his wife in front of her child has lost an appeal by stated case against his conviction after the High Court of Justiciary found that evidence from a friend of a de recenti statement could be used as a primary source of evidence in the absen

A man who claimed that he had been groomed by employees of a charity for LGBTQ+ young people when he was 15 and sexually abused by older men as a result of that grooming has been allowed a proof before answer on all of his averments after the defender unsuccessfully argued for the deletion of some o

An appeal by the defender in a Court of Session personal injury action arising from an asbestos-related death challenging the lord ordinary’s decision to allow the matter to be tried with a civil jury has been refused by the Inner House after it ruled that the provision relied on by the defend

An appeal by a man refused compensation following the lifting of an account freezing order over two of his bank accounts under the Proceeds of Crime Act 2002 has been refused by the Inner House of the Court of Session after it confirmed that no exceptional circumstances applied that were sufficient

A Crown appeal against the length of a sentence imposed on a man who assaulted his partner by repeatedly dropping her, causing her to require two operations on her skull and severely reducing her quality of life, has been refused by the High Court of Justiciary after it found that the sentence impos

A sheriff has dismissed a claim by a partnership seeking damages from their insurance broker on the basis that their provision of false information had led to an insurance claim for fire damage being refused after finding that the specification of causation of loss was insufficient to meet the test

A sheriff has found that a servitude of fuel storage established by the placement of a coal bunker in the courtyard of one property to service another had not been unduly extended by the addition of gas canisters following a change to the property’s heating system, after a dispute arose betwee

An appeal by an Iranian asylum seeker against a council’s decision that he was over the age of 18 has been allowed by the Inner House of the Court of Session to the extent of determining that the petition had not been academic, however the petition was nonetheless refused on the basis that ade

The High Court of Justiciary has refused a Crown appeal against a nine-year prison sentence imposed on a man who deceived elderly victims into letting him into their homes and then stole from them after determining that the sole charge of assault of which he was found guilty did not merit an order f

A sheriff conducting a fatal accident inquiry into the deaths of a climbing instructor and two climbers in Glencoe has made no recommendations in terms of the Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 after he found that they died after a slip or fall and there was no precaution tha

A waste management company has lost a Court of Session action in which it sought over £50 million following the postponement of the deposit return scheme for single-use drink containers in Scotland after it was ruled that a letter of assurance requested by the intended scheme administrator cou

A Romanian national who was convicted of tax offences in Romania has been refused leave to appeal against a sheriff’s grant of extradition after failing to persuade the High Court of Justiciary that his prosecution was politically motivated and extradition would be incompatible with his rights

An appeal against a decision not to delete a separate valuation of the site of an external ATM outside of a post office in Stockbridge, Edinburgh, has been refused by the Inner House of the Court of Session after it determined that a 2020 Supreme Court decision offering guidance on the identificatio

A man who was mistakenly returned to custody for a week after a decision to grant him bail was wrongly minuted as having been refused has been awarded £3,325 in compensation after a sheriff ruled that the circumstances of the case did not merit the higher award sought by the pursuer. Duncan We

A sheriff sitting in the Upper Tribunal for Scotland has quashed a decision refusing to grant an eviction order on the ground of the landlords’ financial hardship and directed the First-tier Tribunal for Scotland to find that tacit relocation had ceased to operate in respect of the parties&rsq