Case Reports

The Sheriff Appeal Court has set aside orders made by a sheriff under the Children (Scotland) Act 1995 in respect of a dispute between two divorced parents both seeking residence orders for their three daughters after finding that the sheriff had given inadequate reasoning for his decisions. The she

An East Kilbride man who was sentenced to two and a half years’ imprisonment for assaulting his partner with a glass bottle during an argument in the early hours of Boxing Day 2018 has lost an appeal against his conviction. Gordon Campbell was convicted of a single charge of assault to severe

A petition by a prisoner with Asperger’s syndrome challenging a decision not to allow him to progress from closed conditions to community release has been determined by a Lord Ordinary to be academic. Neil Robertson challenged a decision made on 8 November 2019 by a risk management team assess

A motion by a supplier of farming equipment to have a claim against it dismissed by reason of prescription has been refused by a judge in the Outer House of the Court of Session.  The firm of C&L Mair Ltd, the pursuer, had contracted with Mike Dewis Farm Systems Ltd for the supply and insta

A former Catholic priest who claimed he left his post due to trauma from sexual abuse he endured whilst training for the role has been awarded £455,000 by a judge in the Outer House of the Court of Session. The pursuer, referred to as D, raised the action against the Bishop’s Conference

A Scottish man who had a metal-on-metal prosthetic hip fitted in 2009 that he claimed was defective has lost a final appeal against the refusal of his case in the UK Supreme Court. John Hastings had sought damages from the manufacturers of the hip, Finsbury Orthopaedics Ltd and Stryker, under sectio

A woman who taught at a school in Glasgow and who entered into a sexual relationship with a 15-year-old female student has had her headline sentence reduced by six months after an appeal to the High Court of Justiciary. The appellant, NP, pled guilty to a contravention of section 42 of the Sexual Of

A Sri Lankan national who claimed he was at risk from authorities due to his participation in the 2006-2009 civil war has lost a final appeal against the dismissal of his asylum claim by the First-tier Tribunal. The appellant, A (SR), originally claimed asylum in the UK at port on 11 September 2012.

A judge in the Employment Appeal Tribunal has held that two civilian employees of the United States Air Force working on bases in the UK were unable to raise claims in the Employment Tribunal due to the doctrine of state immunity. The first claimant, Anthea Webster, was dismissed from her role in Oc

An English Family Court judge has granted permission for a dual UK-US citizen to relocate with her two young children, both of whom had heart conditions, to Boston following her separation from her husband. Applicant TR and respondent JM had two daughters together, aged six and four, and had lived t

A computer engineering specialist who alleged that his Scottish university employer had discriminated against him on grounds of race has lost his case before the Employment Tribunal. Dr Shawki Al-Dubaee was employed on a fixed-term contract by the University of Strathclyde from February 2019 to Febr

A copyright judge in the English High Court has found that an interactive dining experience based on the classic sitcom Only Fools and Horses infringed copyrights held by a company controlled by the family of the show’s creator.  Shazam Productions Ltd raised claims of copyright infringem

An appeal by a car dealership against a sheriff’s decision to order a proof in an action raised by a woman seeking a refund on the cost of a Bentley SUV has lost an appeal against the decision in the Sheriff Appeal Court.   Parks of Hamilton (Townsend Garage) Ltd sold the £141,

A sheriff conducting a fatal accident inquiry into the death by hanging of a prisoner in HMP Barlinnie has concluded that there were no recommendations he could make to help prevent similar deaths. The deceased, Scott Hannah, died on 27 November 2019 within his cell at 6:50am. The inquiry heard evid

A landlord who was ordered in his absence to pay £700 to a former tenant for an alleged breach of tenancy deposit regulations has successfully had the case remitted to the First-tier Tribunal for reconsideration. Graham Devine appealed to the Upper Tribunal for Scotland following an initial ap