Case Reports

A lord ordinary has ruled that a football pundit whose son hit a pedestrian while driving a vehicle he was not insured to drive could not be held jointly and severally liable for repayment of the sum paid by the insurer to the injured party following a successful claim for damages by the injured par

An appeal against sentence by one of three men convicted of organised crime activity, including the supply of drugs and possession of firearms, who argued that his sentence was excessive has been refused by the High Court of Justiciary. Alistair Douglas pled guilty to charges of being involved in cr

The Sheriff Appeal Court has allowed an appeal against conviction by a man convicted of breach of the peace and made subject to notification requirements after police found images of primary school pupils performing wrestling moves on his phone. Appellant AB argued that the evidence obtained by poli

The son of a couple who sold part of their farmland to the Highland Council as part of a road development has been unsuccessful in an action seeking declarator that he had an unrestricted servitude of access over adjacent land also acquired by the Council during the construction process. Alasdair Ma

An Employment Tribunal has dismissed a case of discrimination and unfair dismissal brought by a former security company employee who alleged she was discriminated against based on her Orthodox Christian beliefs not allowing her to wear a bracelet. Mariana Nijiloveanu, a Romanian national, was asked

The Court of Appeal of England and Wales has ruled that a secondary school could not be held liable for tortious acts committed by a former pupil undertaking a work experience placement (WEP) in the PE department, after an appeal was brought against a High Court decision to that effect. Claimant and

A Lord Ordinary has refused a petition by a father seeking the return of two children to Poland after their mother took them back to Scotland, where they had lived the majority of their lives, on the basis that they would be at risk of harm if returned. Petitioner MP sought the return of his childre

Two siblings who alleged that their stepmother forged the signature of their late father in a codicil altering the manner in which his property was to be distributed have succeeded in an action for reduction in the Outer House of the Court of Session. David Niven and Carole Melaisi, the children of

A sheriff of the Upper Tribunal for Scotland has rejected an appeal by a local authority in which it sought to challenge a First-tier Tribunal decision that it could not issue a Penalty Charge Notice to a vehicle parked on private land owned by a church accessed by crossing pavement. The City of Edi

A Lord Ordinary has ordered a tribunal to rehear the application of a 50-year-old man whose claim for criminal injuries compensation in respect of sexual assaults committed against him in the 1980s was refused. Petitioner DM argued that the First-tier Tribunal’s Social Entitlement Chamber had

An appeal against a dismissal of a damages claim by a homeless person against a local authority who was refused homelessness assistance due to his immigration status has been refused by the Sheriff Appeal Court. Riad Djennas alleged that Glasgow City Council had failed to comply with its duties towa

An Edinburgh doctor who was given an interim suspension by the General Medical Council after being detained regarding allegations of terrorist activity in Northern Ireland has had his suspension extended following a successful petition by the GMC to the Outer House of the Court of Session. The respo

The High Court of Justiciary has tripled a fine imposed on a care home that pled guilty to an offence under the Health and Safety at Work etc Act 1974 following the death of a resident after the Crown challenged the original level of fine as being unduly lenient. Tigh-Na-Muirn Ltd pled guilty to the

The Sheriff Appeal Court has rejected a challenge to a sheriff’s decision that a partnership agreement which was altered without the understood consent of one of its partners to introduce a new managing partner could be reduced on the grounds of essential error induced by misrepresentation and

A final-year dental student at a Scottish university whose studies were terminated due to what the university saw as ongoing professionalism issues has had a petition for judicial review of the decision to uphold his terminated refused. Petitioner SM sought reduction of the decision of the universit