Case Reports

The Sheriff Appeal Court has refused an appeal by a company director against a sheriff’s decision that an obligation under a personal guarantee to account for a £20,000 loan debt owed by his company had effectively transferred to the assignee of that debt. Appellant Kenneth Scott was the

A law graduate who sought to appeal her 2:1 degree classification but was told she could not raise an appeal after her graduation has won an appeal against a decision of the court to uphold a finding of the Scottish Public Services Ombudsman that there had been no viable ground of complaint. Petitio

A hairdresser who was convicted of assaulting an 88-year-old man with dementia in a care home has lost a Sheriff Appeal Court challenge to the conviction based on an argument that there was insufficient corroboration of the evidence that she had committed an assault. Elaine Murphy, who was convicted

A High Court judge in Birmingham has ruled that the insurer of a stolen motorbike that was involved in an accident at a crossroads that injured a 15-year-old pillion passenger on the bike was liable to pay damages for the injuries he sustained, albeit with a 20 per cent reduction for contributory ne

A commercial judge has determined that a reporter instructed to provide an opinion on the reasonableness and cost of repairs to an office building in Edinburgh following the end of a commercial lease had not fully discharged his remit and issued directions for further investigations. Rutland Court R

An East Kilbride sheriff has dismissed a streamlined eviction action by a housing association against a tenant convicted of a drug supply offence after finding it would be disproportionate to evict him. East Kilbride Housing Association raised the action against its tenant T, who resisted the evicti

A Ghanaian student who was initially granted clearance to enter the UK in 2022 but was told at the border that he had not been permitted entry has won a challenge against the decision to cancel the entry clearance he had originally been granted. Jones Owusu challenged the decision of the Home Secret

An appeal by the former client of a firm of surveyors against an order for payment for services in relation to a boundary discrepancy at her property she claimed rendered her house unsellable has been refused by the Sheriff Appeal Court. Alias Smith & Garrett Ltd originally raised a Simple Proce

A solicitor who was granted a conditional practising certificate after applying to be restored to the roll of solicitors has lost a Court of Session challenge against the imposition of the condition by the Practising Sub-Committee of the Law Society of Scotland. Patrick McAuley, whose name was remov

A man who was sexually abused by a priest at a Roman Catholic primary school when he was five or six and developed Complex Post Traumatic Stress Disorder as a result of that and other abuse has been awarded £627,000 in damages by the Outer House of the Court of Session. The anonymous pursuer,

A judicial review challenge by a pharmacy company against a decision to refuse an appeal against the inclusion of a new company on the pharmaceutical list for the Greater Glasgow and Clyde area has been rejected by the Outer House of the Court of Session. Abbey Chemists Ltd contested the decision to

A hospitality business that had a Small Business Grant Fund application refused by a local authority has had an action for payment of just over £39,000 dismissed after a sheriff found that no duty of care was owed to them in issuing the refusal. 4U2 Ltd averred that Glasgow City Council had ne

A Caithness man who subjected women to torture and degrading treatment in an underground “tomb” chamber at his remote cabin home and at other locations abroad has been made subject to a five-year Trafficking and Exploitation Order under section 26 of the Human Trafficking and Exploitatio

A lord ordinary has refused to dismiss a £2.25 million action brought against the successor firm of a firm of solicitors that allegedly tendered negligent advice to a client in respect of a breach of warranty dispute on the basis of novation, and ordered a proof before answer. Andrew Marr Inte

The High Court of Justiciary has quashed a conviction for indecent assault after ruling that the corroborating evidence of the complainer’s distress nine years after the conduct complained of was too late afterwards to allow a jury to attribute it to the commission of the crime. Peter McGuines