Case Reports

The High Court of Justiciary has found that the conduct of a Scottish League Cup final attendee who was charged with a breach of the peace by shouting the word “hun” at a police officer was not aggravated by religious prejudice but refused to alter the sentence given as a result. David D

A doctor who had the suspension of his registration extended while awaiting trial for offences under anti-terrorism legislation has lost an appeal against a lord ordinary’s decision to approve that extension. Reclaimer IB, who was said to be facing criminal proceedings that would likely not co

A woman charged with drug offences after being stopped on the A9 with drugs in her car has lost a preliminary appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995 arguing that she had been unlawfully detained. Carol McCrone sought to argue that the uniformed officers who pulled h

The Inner House of the Court of Session has allowed an appeal by a consumer who sought to return a vehicle with a defective diesel filter even though he continued to use it after rejection of the goods and determined that he was not barred from insisting on a refund. Pursuer and appellant Alan King

A man who attacked his friend with a bat and a knife and left him with multiple puncture wounds and a laceration to his head has lost an appeal against his conviction in the High Court of Justiciary. John Brown was given an extended sentence with a custodial term of five years and a two-year extensi

A life prisoner seeking a First Grant of Temporary Release as part of securing later release from custody on licence has lost a petition for judicial review challenging the way in which the grants were made by the Scottish ministers. Petitioner Gordon Burns, who had been serving a discretionary life

A French national whose extradition was sought by the French authorities for the offence of denying crimes against humanity has been refused permission to appeal against a decision that his conduct constituted an extradition offence and that it would be proportionate to extradite him. Vincent Raynou

A Kilmarnock sheriff has found that a horse transportation company was liable for injuries sustained to a showjumping horse that reduced its commercial value to zero after it escaped from its transport lorry on a ferry from Northern Ireland to Scotland. Pursuer Derek Rankine had agreed that BG Craig

A lord ordinary has ruled that a case raised by a tenant of flats alleged in a group of actions to have contained harmful gases inhaled by their occupants was not an abuse of process, after it was ruled in the lead case that the defender was not in breach of duty, and allowed her to proceed with her

A sequestrated person has lost an appeal against a sheriff’s grant of summary decree to recover possession of his property in Edinburgh in the Sheriff Appeal Court after an action was raised against him by the trustee in sequestration. Thomas MacLennan, the trustee in sequestration of appellan

An appeal by the owners of a whisky ageing facility in Bonnybridge against a lord ordinary’s decision that a couple in Bonnybridge had pled a relevant case of nuisance against them has been refused by the Inner House of the Court of Session. Thomas and Gail Chalmers originally raised the actio

A man convicted of purchasing an illegal sawn-off firearm in Glasgow has lost an appeal against his conviction for offences under the Firearms Act 1968 in the High Court of Justiciary. Francis Mooney argued that the trial judge was wrong to repel a submission of no case to answer, as while there was

The Upper Tribunal for Scotland has dismissed a repairing standard application raised by two tenants against the creditor of their former landlord after an appeal was made against the First-tier Tribunal’s decision that the creditor could be regarded as the landlord for the purposes of the app

A Perth sheriff has ruled that a clause in a will allowing one of a deceased’s four daughters to reside indefinitely in her home, ownership of which was split equally between all her daughters, was not ineffective after the clause was disputed by two of her sisters. Valerie Scott-May and Maure

The Supreme Court has ruled in three conjoined appeals that persons who witness the death of a close family member in circumstances caused by medical negligence cannot claim compensation for psychiatric injury. The defendants in the cases, two NHS Trusts and a doctor, had applied for the claims to b