Case Reports

The Appeal Court of the High Court of Justiciary has quashed a verdict of guilty of culpable homicide returned against a co-accused in a murder case, replacing it with a verdict of guilty of assault. Weir MacKay was originally tried for murder along with co-accused Alan Doherty, who w

A property developer that granted an option to purchase land it owned next to Edinburgh Airport in favour of the airport has failed to establish that the option had not been validly exercised. New Ingliston Ltd granted the option to Edinburgh Airport Ltd in October 2001. The airport s

A bingo club operator’s tax appeal to the Supreme Court has been unanimously dismissed. Lord Leggatt gave the sole judgment, with which Lord Reed (President), Lord Hodge (Deputy President), Lord Lloyd-Jones and Lord Sales agreed.

The High Court of England and Wales has ruled that the operation of a compensation cap operated by the Pension Protection Fund to reduce the pensions of those below normal pension age was discriminatory on the grounds of age. Paul Hughes, along with 23 other individual claimants

A husband has been ordered to transfer over £700,000 to his wife in order to realise a fair and equal division of matrimonial assets between them in their divorce, but only after legal proceedings against him in Pakistan have been withdrawn. The pursuer, ASA, instigated divorce proceeding

The High Court of Justiciary has ruled that the incorporation of a firearm into a dual-purpose object does not mean that it cannot be regarded as “disguised as another object” under section 5(1A)(a) of the Firearms Act 1968. The first Lord Advocate’s Reference&n

The High Court of Justiciary has allowed an appeal against conviction for charges of rape and indecent assault on the ground that the two charges were too materially different to mutually corroborate one another. Aadam Mohammed was originally tried for three charges, two of rape and o

A Crown appeal against the leniency of the sentence of a man who pled guilty to deliberately coughing in the faces of two police officers and thus recklessly endangering their lives has resulted in the total sentence being increased by nine months. The appeal by HM Advocate followed the sentencing o

A citizen of El Salvador who claimed that he would be a victim of organised crime if he was deported from the UK has failed to petition for a judicial review of the decision to deport him. The petitioner, known as DY, sought review of a decision by the Upper Tribunal not to allow him to appeal

The Outer House of the Court of Session has granted interim orders in an action for defamation brought by an energy company against a blogger from Stornoway that require him to remove certain blog posts as well as restricting the content of future posts. British Gas Trading Ltd and it

The proprietors of an 18th-century house in the Argyll and Bute area have had their appeal against the decision not to reduce a grant of planning permission to erect a house near the property refused. Colin Liddell and others petitioned for judicial review of a decision by Argyll and

A man who was convicted of attacking and robbing two men in Aberdeenshire while he was on bail has had his appeal against the convictions refused. Brandon Douglas was convicted on two charges; one of assault and robbery alongside his co-accused Martin Gemmell, and one of attempted murder and ro

A company that was formed to complete a development of 55 residential apartments at a site near the Portobello Kilns in Edinburgh, has had its petition to amend a Deed of Conditions. PHG Developments Scot Ltd executed the deed to grant and regulate, among other things, common ownership of a bou

A Somalian national who sought asylum in the UK and had his petition for judicial review of the decision to reject his application refused has failed in his challenge that decision in the Inner House of the Court of Session. The petitioner, known as AA, arrived in the UK in 2017 and has his cla

A man who was convicted of assaulting his former partner and of behaving in a threatening and abusive manner in breach of the Criminal Justice and Licensing (Scotland) Act 2010 has succeeded in having the former charge quashed by the Sheriff Appeal Court. The convictions of the appellant,