Case Reports

An IT company boss who was refused asylum after fleeing alleged persecution in Venezuela has successfully challenged the decision not to permit him to appeal the refusal to the Upper Tribunal. The petitioner and reclaimer, CM, claimed he was at risk of persecution if he returned to Venezuela. H

A judge in the Outer House of the Court of Session has allowed the action of a woman seeking £1.5 million in compensatory damages from her former school to continue after the company that ran the school sought to have it dismissed without a proof. The pursuer, A, alleged she had

A sheriff in Glasgow has refused a motion calling for his recusal from family proceedings involving a mother who sought to relocate with her child to the USA. The case commenced when the pursuer and father, AB, sought to secure the return of their child from the USA, where they had previously b

A sheriff in Glasgow has dismissed part of an action for damages raised by an evangelical Christian organisation against the operators of the SSE Hydro Arena but ordered a proof in respect of quantification of loss concerning a potential breach of the Equality Act 2010. The Billy Graham Ev

A judge in the Outer House of the Court of Session has found that a local authority acted unlawfully in failing to provide assistance to a homeless Sudanese refugee living in Scotland. Abdelwahab-Kaba Dafaalla sought declarator that Edinburgh City Council has failed to fulfi

An order preventing the publication of the identities of the complainers in the charges that were brought against former Scottish First Minister Alex Salmond has been amended by the Appeal Court of the High Court of Justiciary following an application for variation. The inci

A judge in the Outer House of the Court of Session has rejected a defence pled by the Crown in response to an action for damages for wrongful and malicious prosecution brought by a man who was unsuccessfully prosecuted for fraud for his role in the acquisition of Rangers FC by Craig Whyte

A man who crashed his van into another vehicle in a leisure centre car park in Kirkcaldy has had his appeal by stated case refused by the Sheriff Appeal Court (Criminal Division).  Marcus Wishart was convicted in Kirkcaldy Justice of the Peace Court of contravening sections 170(2), 17

The Inner House of the Court of Session has refused a reclaiming motion challenging a decision to allow a petition for rectification of a Deed of Conditions relating to a parking garage in Edinburgh to proceed to a proof. Lothian Amusements Ltd, the 57th respondent to the petition raised b

A man who was convicted of sexually assaulting a woman in a takeaway kebab restaurant in Glasgow has had his conviction quashed on appeal by the Appeal Court of the High Court of Justiciary. Faryad Darbazi was found guilty of digitally penetrating a woman contrary to Section 2 of the&

A law student in Edinburgh who was placed on the children’s list after being convicted of several sexual offences against schoolmates on Uist has had his appeal against the decision of the Scottish Ministers to list him refused.  DA was convicted of three statutory sexual o

A social rented sector tenant who was evicted from his property after pleading guilty to a drugs supply charge has had his appeal against recovery of possession refused by the Civil Division of the Sheriff Appeal Court.  It was argued on behalf of Daley George that it was not est

The Inner House of the Court of Session has allowed an appeal by a former tenant with severe learning difficulties against a payment order for rent arrears made against her and remitted her case back to the First-tier Tribunal Housing and Property Chamber.  The appellant, SW, arg

An English judge has ordered that a negative Trustpilot review posted by a dissatisfied former client of a solicitor firm be removed from the website after rejecting his defences to the claim. The defendant, Philip Waymouth, paid Summerfield Browne Ltd a fixed fee of £200 in exc

The Outer House of the Court of Session has refused to grant declarator to the effect that the Scottish Parliament should be able to legislate for a second referendum on Scottish independence without the consent of Westminster, calling the action “hypothetical, academic, and prematur