Case Reports

The relatives of a man who took his own life who sought damages from a health board for medical negligence have lost a Sheriff Appeal Court challenge to a sheriff’s decision not to extend the time limit for personal injury claims after they raised their action over three years after his death.

A lord ordinary has ruled that a decision of Glasgow City Council to award a four-year contract for homelessness assistance services to the Salvation Army, even though another charity scored higher in the bidding process, was lawfully taken after a challenge was mounted by the highest-scoring bidder

A prisoner convicted on indictment of possession of offensive weapons at Perth Sheriff Court following a trial at which he was unrepresented has lost an appeal against his conviction. Appellant Richard Mullen maintained that allowing the trial to continue following the dismissal of his solicitor and

A man with indefinite leave to remain in the UK who suffered from long-term memory problems affecting his ability to learn English has lost a challenge against a decision that he was required to meet knowledge of life and language (KOLL) requirements in order to obtain UK citizenship. Shorsh Mohamma

A Scottish commercial judge has refused to grant an order sought by a Dubai-based payment services company against a former client registered in Scotland after finding that the circumstances in which the order was sought were in breach of natural justice. Papel Payment Services Provider LLC sought t

A student who raped a friend after she refused to have sex with him at his flat has lost a High Court appeal against his conviction based on an argument that his representation at trial was defective. Oluwatayo Dada was convicted at Inverness High Court of one charge of sexual assault and another of

The UK Supreme Court has considered, in a case originating from Northern Ireland, the question of whether the interpretation of defence statements in jury trials is a matter for the trial judge or jury. Delivering judgment for the Supreme Court, Lord Nicholas Hamblen stated: “In evidence the a

The Sheriff Appeal Court has by a 2-1 majority upheld the conviction of a man convicted of distracting a tractor driver with a laser beam after finding that the Crown had proved all the essentials of the statutory offence. Samuel Stewart was convicted of an offence under section 1(1) of the Laser Mi

A Falkirk sheriff has dismissed an action by the former trustees of an Islamic centre seeking their reinstatement as trustees following their expulsion at a members’ meeting after finding that the sheriff court was not the appropriate jurisdiction for the action. Mohammed Imtiaz and two other

A reclaiming motion by a oil and gas businessman who had an action for damages, the largest in Scottish legal history, from an unlawful means conspiracy refused by a commercial judge has been refused by the Inner House of the Court of Session after the court ruled there was no error in the original

A Dundee sheriff has refused an appeal by a trust against a decision of the Scottish ministers to allow a community body to exercise the right to purchase derelict land in St Andrews owned by the trust, in the first appeal of its kind in Scotland. Forthtay Ltd Employee Trust, which owned a plot of l

A commercial judge has imposed an additional uplift on the judicial expenses of a company group that abandoned before proof an £85 million action alleging an unlawful means conspiracy on the part of eleven defenders after finding that its conduct in the action had been unreasonable. Mex Group

A couple who leased a property in Renfrewshire who argued that their landlords had breached the Tenancy Deposit Schemes (Scotland) Regulations 2011 by transferring their deposit from one approved scheme to another without telling them have lost an appeal to the Upper Tribunal against a decision that

A woman with hydrocephalus and spina bifida who had her level of care reassessed after moving to a new local authority area has lost a judicial review challenge against the approach taken by her new Council in assessing her required level of care after a lord ordinary ruled the authority had not act

A Hamilton sheriff has found that a defender in an action for disqualification from directorship was in contempt of court after he took photographs of witnesses for the pursuer and posted them alongside derogatory comments about the weight and integrity of one of them on two social media accounts. G