Case Reports

The High Court of Justiciary has refused to grant leave of appeal against the decision of a sheriff to extradite a Bulgarian man to Romania in order to serve a prison sentence there for driving without a licence. Ilia Iliev, who was subject to a European Arrest Warrant issued under the Extradit

A man who was charged with offences under the Sexual Offences (Scotland) Act 2009 allegedly committed on online social media platforms has failed to challenge the competency of the three charges brought against him in an appeal under Section 174 of the Criminal Procedure (Scotland) Ac

A woman who had contracted with her former civil partner, now deceased, to contribute towards the repayment of a mortgage on her home in exchange for acquiring joint title to the property has been allowed a proof before answer in respect of her case. Lynn Slight raised an action against Je

A judge in the Outer House of the Court of Session has granted an interdict against a North Lanarkshire man preventing him from copying UK TV programmes and distributing them to internet users through various social platforms. Sky UK Ltd alleged that Alex Cherrie had infringed its cop

A petition by the BBC challenging the restrictions placed upon the reporting of an Employment Tribunal claim worth over £2 million against the Scottish Child Abuse Inquiry has been refused by the Outer House of the Court of Session. The chair of the SCAI, Lady Smith, who took ov

A bench of five judges in the Appeal Court of the High Court of Justiciary has refused an appeal against conviction by a man convicted of rapes occurring eight years apart from each other in a re-affirmation of the use of the Moorov doctrine in sexual offence cases. Mark Duthie&n

The Supreme Court has held that the sale and leaseback of an Aberdeenshire care home did not dispose of the seller’s entire interest in the property for the purposes of VAT legislation. The appellant, Balhousie Holdings Ltd, acquired the care home in Huntly in 2013. It was originally dete

A prisoner who was sentenced to an Order for Lifelong Restriction in September 2008 and was refused release by a tribunal of the Parole Board for Scotland has been unsuccessful in petitioning for a judicial review of its decision. Paul Hutton, who was given an OLR after committing offences

A “new media” journalist who observed part of the trial diet in the prosecution of former First Minister Alex Salmond for various sexual offences has been found by the High Court of Justiciary to be in contempt of court for disclosing information that could lead to the identifi

The UK Supreme Court has determined that the predominantly female retail employees of a major supermarket are able to use the employment contracts of predominantly male depot employees as a valid comparison in their equal pay claim.  The claimants sought compensation from Asda Stores Ltd&n

A judicial review petition by 27 religious leaders in Scotland challenging the legitimacy of the Scottish Ministers’ decision to close places of worship in January 2021 has succeeded in the Outer House of the Court of Session.  Revered Dr William Philip, as well as 26 other petitioners fr

A petition for judicial review of the legislative competence of parts of the Gender Representation on Public Boards (Scotland) Act 2018 brought by a private company has been rejected by a judge in the Outer House of the Court of Session. For Women Scotland Ltd contended that parts of the 2018 Act we

A Full Bench of the Appeal Court of the High Court of Justiciary has determined that a nobile officium petition made by a complainer in a rape case after she was not notified of an application by the accused to lead evidence of their sexual history is competent under the doctrine.  The petition

A property development firm has failed to establish that it was entitled to a reconveyance of a tram line route sold to its predecessors in title that was subsequently re-acquired by the local authority that originally sold it under a compulsory purchase order. Granton Central Developments Ltd, who

The Civil Division of the Sheriff Appeal Court has remitted a claim made under Simple Procedure rules for the return of a television to its original owner back to the sheriff after it was ruled that he was not entitled to determine that its prospective purchaser had failed to comply with an unless o