Case Reports

A commercial judge has dismissed an action against a former director of a Scottish football club suffering from financial difficulties after it raised an action seeking £148,000 from him on the ground of breach of fiduciary duty. Livingston FC Ltd claimed that Neil Hogarth had misappropriated

The High Court of Justiciary has acquitted a man given a community sentence for raping a 13-year-old girl in a park in Midlothian after an appeal was made challenging directions given to the trial jury. Counsel for appellant Sean Hogg argued that the trial judge had misdirected the jury as to the co

A Kilmarnock takeaway manager who sexually assaulted a 17-year-old employee at the end of her work shift has lost an appeal by stated case against his conviction. It was argued by appellant Bhupinder Singh, who was given 150 hours of unpaid work for the offence, that the sheriff erred in repelling a

The Sheriff Appeal Court has held that a Glasgow sheriff was correct to find that the term “hun” used in a footballing context was a sectarian remark capable of aggravating an offence by religious prejudice after an appeal against conviction by a Celtic supporter who used the term when a

An Aberdeen man who was banned from driving for 16 months following his expected release from prison in 2025 after driving dangerous at the Aberdeen beachfront has lost an appeal against his sentence before the Sheriff Appeal Court. Bradley Young, who was convicted of dangerous driving in and around

A lord ordinary has dismissed an action raised against the Clydesdale Bank in which a business owner who was mis-sold a tailored business loan sought to recall a decree of absolvitor granted in a 2013 legal action he also raised against the bank. John Glare had sought to establish that his business

The owner and landlord of the site of a former whisky distillery in Elgin has been largely unsuccessful in an appeal against a decision of the UK Intellectual Property Office in relation to a trade mark dispute between the landlord and a tenant using one of its warehouses to provide whisky maturatio

A British man wanted to face trial for a £2.3 million VAT fraud in Poland which he was said to have committed as part of an organised crime group has lost an appeal against an Edinburgh sheriff’s grant of an extradition order made against him. It was argued by appellant AH that it would

An appeal against a sheriff’s decision to suspend contact between a father and his 13-year-old daughter after he failed to return her following a period of residential contact has been refused by the Sheriff Appeal Court. It was argued by the appellant, F, that the sheriff had failed to afford

The Inner House of the Court of Session has redetermined the issue of financial provision in a divorce action where the primary matrimonial assets were shares in a limited company, after an appeal was made by the wife on the basis that she ought to have been paid the value of her shares. Pursuer and

The Inner House of the Court of Session has refused an appeal by a serving life prisoner against a decision not to provide him with data requested under the Freedom of Information (Scotland) Act 2002 that he maintained would prove he was innocent of the murder of Barry Wallace in 1999. William Beggs

A former teacher at a nursery in Inverness who made protected disclosures about practices within the nursery and suffered detriment has won an appeal challenging the Employment Tribunal’s finding that a decision by the General Teaching Council of Scotland to investigate a complaint made by her

A Glasgow resident who was given a penalty charge by Glasgow City Council for parking in a restricted bay has successfully appealed the charge to the Upper Tribunal for Scotland on the basis that the First-tier Tribunal had wrongly refused to consider additional evidence. It was argued by appellant

A Lord Ordinary has ruled that it is lawful for a pharmacy contractor to install and operate automated prescription collection points from premises not included in their pharmaceutical lists following a judicial review challenging a decision that it was. It was contended by the petitioner, Community

The Italian mother of an 11-year-old child that resided with her father and his new partner in Scotland has been unsuccessful in an action before the Outer House of the Court of Session seeking a specific issue order for the return of the child to Italy. Pursuer JP, who had previously unsuccessfully