Case Reports

The minimum period of 15 years which certain sex offenders subject to mandatory notification requirements must wait before seeking a review does not breach their human rights, appeal judges have ruled. The Inner House of the Court of Session held that the review provisions applicable to indefinite n

A patient at a psychiatric treatment facility who sought judicial review over the failure by the Scottish Government to draft and lay regulations to allow him to challenge the level of security of his detention has had his petition dismissed. The UK Supreme Court ruled in 2012 that the failure by th

A man who sought to a publish a book detailing the his life including details of severe physical and sexual abuse but whose first wife opposed its publication on the basis it would cause psychological harm to their child has won his appeal at the UK Supreme Court. President of the Supreme Court Lord

A man charged with a number of contraventions of the Road Traffic Act 1988, including drink-driving and driving while disqualified, has failed in a bid to have the case against him dismissed over the delay in bringing him to trial. The Criminal Appeal Court upheld a sheriff’s decision to refuse th

The Christian directors of a bakery “unlawfully discriminated” against a gay man in refusing to accept his order for a “Bert and Ernie” cake bearing a caption supporting same-sex marriage. A judge at Belfast County Court held that the Ashers Bakery, run by husband and wife Colin McArthur and

A prisoner who claimed the restraint used by security officers to take him from jail to attend hospital appointments was “disproportionate” is to be awarded damages after a sheriff ruled the inmate’s human rights had been breached. The pursuer James McDowall argued that the absence of an “in

A company whose application for planning permission to develop a windfarm was refused has failed in an appeal against that decision. Judges in the Inner House of the Court of Session ruled that there was “no question of any illegality or procedural impropriety such as would justify quashing the de

The Criminal Appeal Court has issued an opinion clarifying the circumstances in which a sheriff can decline to accept the basis of a plea in mitigation in the absence of proof. The Lord Justice Clerk, Lord Carloway, sitting with Lord Malcolm, heard that in January 2015 at Inverness Sheriff Court, th

A prison officer who was injured while taking part in a riot training exercise has had an action for damages refused. A sheriff ruled that the pursuer failed to prove that the accident was caused to any extent by a breach by the defenders of any statutory obligation incumbent on them, or by fault on

NHS 24 is suing a software company following a contractual dispute over the terms of an agreement to install a new computerised system for handling calls. A judge in the Court of Session allowed the Scottish medical advice service a proof before answer in its dispute with Capgemini UK Plc over two k

A schoolboy who was hit by a bus while “larking about” with friends on the pavement as the vehicle approached a stop has been awarded damages of £8,000. A judge in the Court of Session ruled that the driver was “negligent” because he had seen the boys as he approached and was “too close�

A man who sued the fire service after he was injured when ice and guttering fell from the roof of a neighbour’s house as he was walking home has had his damages action dismissed by a judge in the Court of Session. Lord McEwan held that that the Scottish Fire and Rescue Service, which had been work

A Scotch whisky producer has won an appeal to register the words “Jura Origin” as a trade mark in respect of whiskies produced in Scotland. A judge in the High Court in London upheld an appeal by Glasgow-based Whyte and Mackay, after a hearing officer had earlier refused the application followin

A father whose attempt to secure parental rights and responsibilities together with contact with his child was refused by a sheriff has failed in appeal despite claiming that the 10 months which passed between the case being taken to avizandum and the judgement being issued meant that the decision w

A Glasgow man who is facing extradition to the United States to face $2.7 million fraud charges has had an application to recover all correspondence relating to his case between the Scottish Ministers’ Civil Recovery Unit and the US prosecution authorities refused. A sheriff ruled that it was neit