Case Reports

A man who alleged that he had lost his left eye as a result of medical negligence necessitating its surgical removal has been allowed a proof in his action against the Greater Glasgow Health Board.  James McGraw, who was diagnosed with a form of skin cancer in 2013, alleged negligence on the pa

A Crown appeal against a trial judge’s decision to sustain an objection against the leading of a docket narrating that the accused in a rape trial had previously raped an ex-partner by removing a condom during consensual intercourse has been allowed by the High Court of Justiciary. Respondent

An appeal by two parents whose youngest children were removed from them following allegations of abuse have lost an appeal against a sheriff’s decision to uphold a children’s hearing decision in the Court of Session. Appellants LO and EO, who along with their children held dual nationali

The High Court of Justiciary has ruled that a Kirkcaldy sheriff erred in failing to grant an order prohibiting a man charged with offences against his former partner from conducting his own defence in respect of two of the listed charges. A Crown appeal was made after the sheriff refused to grant an

The UK Supreme Court has ruled that the Scottish Parliament does not have the inherent power to legislate for the holding of a referendum on Scottish independence, as such a law would relate to a reserved matter. A reference to the court was made by the Lord Advocate, Dorothy Bain KC, under Schedule

A judge in the English Court of Protection has ruled that the parents of a student who died from a stroke could not remove and store his sperm for the purpose of later conceiving a grandchild after an urgent hearing was convened to decide the matter. At the time of the hearing the relevant person, X

A life prisoner serving a custodial sentence for murder and other offences has successfully had a Parole Board decision refusing to direct his release on licence set aside after making a petition to the Outer House of the Court of Session. Petitioner Dean Ryan was sentenced to life imprisonment with

A former employee of a bed and breakfast has been awarded £1,085 in outstanding holiday pay after he brought a case against his former employers before the Employment Tribunal. Nikolay Nikolov was employed by Craigatin House & Courtyard Ltd from September 2021 to July 2022. He argued that

The Upper Tribunal for Scotland has ruled that the First-tier Tribunal erred in questioning the validity of a guarantee agreement between a private landlord and the parent of her tenant in an undefended action by the landlord for payment. Appellant Alice Woro sought payment from respondent Ian Brown

An Employment Tribunal judge has struck out a claim by a former employee of an Edinburgh game developer after ruling that her conduct during proceedings, in which she had alleged the respondent’s solicitor had abused and harassed her, had been unreasonable. Michelle Donnelly raised the claim a

A sheriff has determined under section 78 of the Extradition Act 2003 that a man who appeared before him at Edinburgh Sheriff Court under the name Arthur Knight was in fact a wanted fugitive sought by the United States of America to face trial. Nicholas Rossi, who was accused of rape in the state of

A woman who was found liable for the legal expenses of an insurance company following the settlement of a personal injury claim made to the All-Scotland Sheriff Personal Injury Court has been partially successful in an appeal against the decision to the Sheriff Appeal Court. Pursuer Mary Young reach

A suspended part-time sheriff has been unsuccessful in a challenge of the decision of the Scottish Ministers to continue funding his legal representation for a review of a decision by a tribunal reporting on his fitness to practice. Petitioner John Halley was suspended from office after comments he

A Hamilton sheriff has allowed for a personal injury action by a woman who sought damages from her husband on the ground that he raped her to proceed despite it falling outside of the normal three-year time limit on such actions. Pursuer AM sought permission for the action under section 19A of the P

The High Court of Justiciary has refused an appeal against conviction by a man sentenced to 30 months’ imprisonment on various charges of lewd and libidinous practices towards three children. Appellant JH argued that in respect of the sixth charge against him, for which he was sentenced to 18