Case Reports

The Sheriff Appeal Court has upheld a conviction under section 2(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 after an appeal by a man who was found guilty of uploading images of his former partner to a swingers’ website while they were still together. DF was sentenced to a

An appeal against a decision of the Scottish Legal Complaints Commission not to accept large parts of a complaint made against a retired solicitor for investigation has been allowed by the Inner House of the Court of Session. Federico De La Torre made a complaint against his former solicitor, Hamish

A former SNP MP who was sentenced to two years’ imprisonment for embezzling funds from a Scottish independence group and the Glasgow City branch of the SNP has had her sentence reduced by four months following an appeal to the High Court of Justiciary. In an appeal against her conviction and s

The High Court of Justiciary has refused an appeal against conviction by a man charged with involvement with an organised crime group and the murder of a man shot outside a club in Amsterdam after ruling that the jury was correctly directed on how to use evidence provided by a police informant. Appe

A Dunfermline sheriff has dismissed an action by a former employee of a student housing provider who alleged that his employer had breached UK GDPR rules when processing his personal data in the context of defending tribunal proceedings brought by another employee. Courtney Riley, who was employed b

The shareholders of a liquidated company that owned a £3.25 million property in Edinburgh have succeeded in a reclaiming motion challenging a Lord Ordinary’s decision to refuse to grant them decree for payment of their shares of the sale proceeds. Colonnade Properties Ltd and other trust

A Sheriff Principal has ruled that it is possible to appeal against a refusal to grant an application for recall in simple procedure actions after the issue was raised in an action by a couple against a plasterer for allegedly defective work. Appellant David Bell argued that the sheriff had erred in

A Guinean football player who sought a UK visa in order to undergo trials with professional clubs in Scotland has lost a judicial review case against the Home Secretary’s latest decision to refuse his application. Mohammed Camara, who had been trying to obtain a UK visa since he was 18, argued

A Lord Ordinary has absolved the operators of a leisure centre in Perth of any liability arising from alleged sexual abuse committed by one of its former employees against two brothers in the 1980s. Pursuers C and S alleged that first defender Norman Shaw, formerly an employee of Live Active Leisure

An appeal by a child accused of wilful fire-raising against a sheriff’s decision to extend the 12-month time bar in respect of his case, which had yet to proceed to a trial diet, has been refused by the High Court of Justiciary. Appellant BS was accused of setting fire to the Wester Hailes Edu

A Lord Ordinary has overturned a decision of the City of Edinburgh Council to limit the number of adult entertainment venues in the city to zero from April 2023 after a group of club owners applied for a judicial review of the decision. Kaagobot Ltd, Y11JTR Ltd, and Netherview Ltd, as well as an emp

The Inner House of the Court of Session has refused an appeal by an airline against a finding that it was responsible for excess damages arising from the injury of a paraplegic passenger who fell from a wheelchair while being pushed along an air bridge. EasyJet Airline Co Ltd argued that they were n

A partnership that claimed that the Royal Bank of Scotland had misappropriated its funds instead of using them for the repayment of a loan agreement between the parties has had its petition for return of the funds dismissed. LD Partnership sought orders for disclosure of the whereabouts of the missi

A Crown appeal against a four-year sentence given to a former GP after he was convicted of raping a woman in a hotel room in Stirling has been refused by the High Court of Justiciary. The respondent, MG, a foreign national with indefinite leave to remain in the UK, was convicted after trial of rapin

A judge of the Upper Tribunal for Scotland has quashed an eviction order following an appeal by the tenants of a property in Armadale after finding that the First-tier Tribunal had wrongly classed the tenancy as a private residential tenancy. Siblings Gerard and Katrine Boyle sought to challenge the