Case Reports

A Scottish local authority has had an application for authority to sell ground forming part of the common good to a furniture company refused after a sheriff ruled that the loss of amenity to the local community would not be offset by the proceeds of the sale being invested in the common good fund.

The owners of a pub which had its licence revoked following several incidents of illegal drug use and public disorder have lost an appeal against the decision. The appellants claimed that the licensing board had failed to take account of and disclose a licensing standards officer’s (LSO) report in

A chef who was injured when a wardrobe pole fell on him while he was staying in a lodge provided by his employers at a holiday park where he worked has had an action for damages refused. Judges in the Inner House of the Court of Session upheld a decision of a sheriff, who ruled that the wardrobe pol

The Inner House of the Court of Session has published a judgment in a case which raised the issue of the extent to which a pursuer requires to establish his own title to land in circumstances where a defender whom he is trying to remove does not have any title but avers that the land may be owned by

A man who was sentenced to 20 years imprisonment after being found guilty of murder has failed in an appeal against sentence. Paul Deeney was sentenced to life imprisonment after being convicted of stabbing Mark McGauchie to death, but the Criminal Appeal Court said it was “unable to criticise the

A man accused of assaulting his wife has failed in an appeal to recover a psychiatric report which he claimed would assist his defence by bringing her credibility and reliability into question. The Criminal Appeal Court ruled that it was “not in the interests of justice” to all

The family of a railway worker who died after contracting an asbestos-related illness will have their action for damages heard by a jury after a judge in the Court of Session ruled that their claim was not excluded from jury trial. The pursuers Andrew Mitchell and others, relatives of the late Walte

At the Court of Session this morning, Lord Doherty sentenced Paul Mackenzie to 10 months imprisonment following a petition and complaint by Mackenzie Hall Ltd & PRA UK Holding PTY Limited in respect of his breach of interim interdict and breach of interdict. On sentencing, Lord Doherty made the

Prosecutors have successfully challenged a decision of a trial judge to uphold a defence submission of “no case to answer” in the case of a man accused of an attempted armed robbery at a bank. The Criminal Appeal Court allowed the appeal by the&nbs

A landlord who was forced to go to the Inner House of the Court of Session to defend his property rights has been awarded expenses from the Lord Advocate after judges ruled that he had been “unavoidably drawn” into a “costly and prolonged litigation”. The motion for expenses against the Lord

The parents of a man who was killed after being struck by a car as he walked across a zebra crossing have failed in an appeal over the level of damages they were awarded. Judges in the Inner House of the Court of Session refused the reclaiming motion by James Currie and Margaret Currie, who were awa