Case Reports

The High Court of Justiciary has quashed a conviction for indecent assault after ruling that the corroborating evidence of the complainer’s distress nine years after the conduct complained of was too late afterwards to allow a jury to attribute it to the commission of the crime. Peter McGuines

A sheriff has ruled that it would be disproportionate for a housing association to evict a tenant under a Scottish secure tenancy with a lifelong psychiatric disorder after proceedings for recovery of possession were raised based on anti-social and criminal behaviour in Glasgow Sheriff Court. Wheatl

A convicted murderer who was denied release on licence has lost a judicial review challenge against the decision not to order his release after he was denied unredacted versions of reports prepared about him in advance of an oral hearing. Luke Mitchell, who became eligible for release on licence in

A sheriff has ordered a company and its sole director to pay the excess monies from the sale of commercial premises to satisfy a secured debt to the premises’ original owner after he raised an action for accounting and payment seeking to enforce an agreement he had with them regarding the sale

A Dumbarton sheriff has ruled that the purchaser of a used car that developed acceleration issues 11 months after he acquired it could not exercise the right to reject the vehicle after finding that the car was of satisfactory quality at the date of sale. David Adam purchased the vehicle under a con

The High Court of Justiciary has imposed a longer period of detention on a teenager who was given an extended sentence in respect of offences of assault and culpable homicide against two different men on the same day after a challenge to his original sentence by the Crown. EK, who at age 15 tendered

A sheriff in the Upper Tribunal for Scotland has allowed an appeal against a Low Emission Zone penalty charge notice after finding that the issuing authority had not provided sufficient evidence of the vehicle’s non-compliance, and remitted the case to the First-tier Tribunal. Damion Spittles

A Falkirk sheriff has appointed for proof an action by a couple against their former solicitors who failed to inform them of a housing proposal for ground next to their new home after finding that they had a relevant case for professional negligence. Fraser and Vivian Allison instructed Russel &

The family of a 59-year-old man who died after suffering a fall in an off-grid rural community have been successful in their claims for damages against the Scottish Ambulance Service for failing to send an ambulance to take him to hospital following his head injury. Lynda O’Neill, the widow of

An appeal under section 74 of the Criminal Procedure (Scotland) Act 1995 concerning whether consent could be a defence to the libel of assault in the context of sexual activity has been refused by the High Court of Justiciary after the issue was raised in a preliminary hearing. Sean Kirkup was indic

A Scottish local authority has been granted decree of absolvitor in an action by an asylum seeker who sought to establish that he had been aged under 18 when first accommodated by the authority. Abdraman Ali Ahmat raised an action against Aberdeenshire Council seeking declarator that his date of bir

A Glasgow sheriff has ruled that a housing co-operative could evict a Scottish secure tenant after it discovered that she had allowed drug dealers to use her property to store controlled substances in return for the cancellation of a debt. Drumchapel Housing Co-Operative Ltd raised an action for rem

An appeal by a man to be tried for rape at Glasgow High Court has lost an appeal against the granting of a Crown motion to prohibit questioning on aspects of evidence introduced under a section 275 application as part of a special defence of incrimination. Pa Samba Saye was indicted on four charges,

The Inner House of the Court of Session has ruled that the required nine-month devilling period prior to becoming a fully qualified advocate does not interrupt the continuous 10-year period for which a person requires to be legally qualified in order to become a sheriff in Scotland. The question aro

A commercial judge has dismissed part of a man’s claim against two green energy companies for negligently installing wind turbines in the wrong locations after ruling that he could not claim for losses accrued by business vehicles he had formerly owned in part. Arthur Simmers raised an action