Case Reports

The Employment Appeal Tribunal has allowed an appeal by the Scottish Ministers against a decision to permit a disability discrimination claim against them by a former fixed-term employee after ruling that the Employment Tribunal had failed to properly consider the issues of the claim and whether it

A group of automotive companies have lost an appeal in the Inner House of the Court of Session against a lord ordinary’s grant of permission for group proceedings to be brought against them based on the installation of prohibited defeat devices into diesel vehicles. The reclaimers, members of

A 20-year-old man who received an order for lifelong restriction after abducting a vulnerable teenager, threatening him with a BB gun, and forcing him to perform oral sex has lost an appeal in the High Court of Justiciary against his sentence. Appellant NS, who was 18 when he committed the offences,

The Sheriff Appeal Court has refused an appeal by stated case by a woman convicted of an offence under the Dangerous Dogs Act 1991 after her German Shephard bit a courier delivering a parcel to her property. Appellant Janet Macfarlane challenged her conviction on the basis that there were no grounds

An appeal by stated case under section 163 of the Children’s Hearings (Scotland) Act 2011 against a sheriff’s decision to request a transfer of jurisdiction over a compulsory supervision order has been allowed by the Court of Session after it found the sheriff acted inappropriately in ma

The High Court of Justiciary has refused an appeal against conviction and sentence by a man who abused and raped three of his partners after finding that no miscarriage of justice occurred due to the admission of late hearsay evidence on the fourth day of trial. Kyle Beveridge was given an in cumulo

A debt purchase company that appealed an expenses decision in an undefended simple procedure claim over a £87 difference between the sum sought and the sum awarded has won its appeal to the Sheriff Appeal Court, but only in terms of a finding that an earlier Sheriff Appeal Court case on the is

An NHS nurse who was hit by a falling chisel dropped by workers on the roof of her house and developed tinnitus, head trauma, and PTSD, has been awarded over £88,000 in damages after raising a claim in the Outer House of the Court of Session. Tracy Mcfadyean, who was employed as an orthopaedic

An Aberdeen man who sought judicial review of his local authority’s plans to redevelop part of a recreational park near his home as part of a sustainable energy strategy has had a reclaiming motion against the refusal of the petition refused by the Inner House of the Court of Session. Simon Mc

A sheriff has made seven recommendations for the Scottish Prison Service in light of his findings in a Fatal Accident Inquiry into the suicide by hanging of a 20-year old man in lawful custody at Polmont Prison, and found that there was a failure to discipline two prison officers who did not carry o

An Aberdeen sheriff has granted decree for payment in an action by a trade supplier against a partnership and two of its partners but only in respect of the second partner, after finding that the action was not competent in respect of the other defenders due to the timing of when the minute seeking

A former member of the Household Cavalry has lost a case against the Ministry of Defence in which he claimed that he was negligently exposed to unsafe levels of noise while working with armoured vehicles in order to test them for future military use. Jonathan Bevan drove and tested Ajax armoured veh

A Saudi-based Scottish worker whose home in Whiteness was subjected to a second home council tax premium has succeeded in having the case remitted to the First-tier Tribunal following an appeal to the Upper Tribunal for Scotland. A second home levy of £2,048.49 was imposed on Mr A, the appella

An Edinburgh sheriff has made no recommendations following the conclusion of a fatal accident inquiry into the death of a man who was struck by a tram after finding that the defects that led to his death had been addressed appropriately. Carlos Correa died aged 53 on 11 September 2018 while crossing

A news organisation based in the USA has lost an Employment Appeal Tribunal appeal against a decision that a UK employment tribunal had jurisdiction in a dispute over claim by a British journalist initially employed by its Atlanta office for unfair dismissal and various other kinds of discrimination