Case Reports

A man who suffered from a mental health condition and was charged with rape has failed in his challenge of a decision to desert the indictment against him under section 56(5) of the Criminal Procedure (Scotland) Act 1995 with a view to the Crown immediately serving a new one. Counsel for&n

A sheriff in Airdrie Sheriff Court has refused to dismiss a crave by a divorcing husband for the sum of £100,000 based on the inclusion of a joint liferent interest among the couple’s matrimonial assets. Andrew Kelly, who initiated a divorce action against his wife Linda K

A cyclist who was injured in a road accident near the Old Course at St Andrews has failed in his appeal against a decree of absolvitor pronounced in favour of the motorist involved in the crash in the Sheriff Appeal Court. Gordon Wallace sought damages from David Roache and his i

A sheriff in Edinburgh Sheriff Court has found that the mother of an eight-year-old child acted in contempt of court in wilfully refusing to comply with a contact order awarded to the child’s father. The pursuer and minuter, B, argued that the defender, A, had along with he

A reclaiming motion by two siblings who occupied a castle in Helensburgh against a decree ordering them to vacate the subjects following sequestration has been refused by the Inner House of the Court of Session. George Amil and MV Overwaele, the defenders to an action by the second de

The English Court of Appeal has allowed part of an appeal by the broadcaster and broadband provider Sky after it had the use of its trade marks restricted following an infringement action against a cloud storage business with a similar name founded by former Microsoft employees. Sky Ltd and other me

A sheriff in Peterhead has found that the death of a north-east prisoner from possible drug and alcohol-related conditions the day after he was admitted to prison was not the result of an accident or any failure on the part of prison staff. Sean Taggart, a prisoner at HMP Grampian, died on the morni

The owner of a cottage in Ayrshire has failed to reduce a decree allowing a bank to take possession of his home under the terms of a standard security granted over it and prevent the bank from enforcing it. Stewart McLeod sought to interdict Bank of Scotland Plc from enforcing a decre

The relatives of a young man who was killed when he was knocked out of a cherry picket by a tour bus have been awarded £315,000 in damages for loss of society after their success in an action against the operators of the coach and their insurers in the Outer House of the Court of Session.

The makers of Hendrick’s Gin have succeeded in extending the range of an interdict preventing a discount supermarket chain from selling a product that infringes on their trade mark to the whole of the UK after the chain brought a reclaiming motion to the Inner House of the Court of Sessio

The European Court of Human Rights (ECtHR) has ruled that the pre-trial detention of a man suspected of belonging to a terrorist organisation in Turkey was a violation of his human rights under Article 5 of the European Convention on Human Rights (ECHR). Tekin Akgün was suspected of b

A post-mortem examination of a baby conducted against the wishes of his parents has been ruled a breach of Articles 8 and 9 of the European Convention on Human Rights (ECHR). Leyla Polat, an Austrian national, became pregnant with her son Y.M. in 2006 and was told by doctors that her baby was l

Three police officers have successfully challenged the instigation and form of misconduct proceedings brought against them by Police Scotland in judicial review proceedings before the Outer House of the Court of Session. The petitioners, all still currently serving police officers, argued

The Sheriff Appeal Court has found that the Scottish Legal Aid Board is not required to make payment of statutory interest in cases where a legal aid account is overdue, after an appeal by the Board against a Sheriff Court decision to that effect. Ormistons Law Practice Ltd 

A man who sought declarator of nuisance alleging that a waste water treatment plant near his house was creating noxious fumes in his garden has lost his appeal to the Inner House of the Court of Session. The pursuer and reclaimer, William MacBean, originally brought the action ag