Case Reports

A housing association tenant who sued his landlord over its alleged failure to properly sound-proof his property has had his action dismissed. Stephen Reay sought damages from Dumfries and Galloway Housing Partnership (DGHP) after claiming to have suffered “stress and family dis

A man who pled guilty to a violent assault who claimed he was the victim of a “miscarriage of justice” because he may have been suffering from a “mental disorder” at the time of the offence has had an appeal against his conviction rejected. The appellant alleged “defect

Two men found guilty of firearms offences have failed in an appeal against their convictions. Zak Bennett and Ian Moyes, who were each sentenced to eight years’ imprisonment, claimed that the trial judge “misdirected” the jury and that the judge “erred” in repellin

A woman found guilty of being concerned in the supplying of heroin and speed after the drugs were found during a police search of her home has had her conviction quashed following an appeal. The Appeal Court of the High Court of Justiciary ruled that the sheriff erred in refusing a preliminary

Media organisations who claimed that a sheriff’s decision to impose reporting restrictions in a civil case without providing reasons for making the order breached the principle of “open justice” have had their legal challenge dismissed. The BBC, Times Newspapers Limited and News Gr

A man convicted of a so-called “revenge porn” offence after posting an intimate picture of a former partner on Facebook has successfully challenged a decision to place him on the sex offenders register. The Sheriff Appeal Court ruled that while the offence was motivated by a desire

A Pakistani man who was trafficked to the UK at the behest of his step-grandmother and whose case to remain in the UK was rejected by the inferior courts has prevailed in an appeal to the Supreme Court. The court unanimously allowed the appeal. Lady Hale gave the only judgment, with which Lord Kerr,

A couple who sued a Scots lawyer over the solicitor’s allegedly “negligent” advice in their purchase of a petrol station have had an appeal against a judge’s decision to dismiss their claim rejected. Sajjad Soofi and Rumella Soofi raised an action against 

A man convicted of assaulting his partner has failed in an appeal against a sheriff’s decision to impose a non-harassment order. The appellant argued that the order was “not necessary” because the complainer was not was vulnerable and she did not want the protection, but the S

A business restructuring consultant who is suing Police Scotland for £2 million for “malicious prosecution” after he was charged with fraud following the sale of Rangers Football Club Plc has had a motion for summary decree in the action dismissed. David Grier, 57, a former employe

A homeowner who was ordered to reduce the height of rows of trees along a boundary wall within the grounds of his property after his neighbours complained that they were overshadowing their garden has lost a legal challenge against a decision. Brian Rizza was issued with a “High Hedge Not

A company which sells “souvenir” plots of land and claimed that buyers could style themselves as “Lord of Lady” of an estate has had a £750,000 defamation action against an MSP dismissed. Wildcat Haven Enterprises claimed that Andy Wightman damaged its re

A teacher who raised employment tribunal proceedings against her former local authority employer for disability discrimination after she suffered “psychiatric injury” but settled the compensation claim is now suing the council for damages over its “failure to take reasonable care f

A Scottish university which sued a distance-learning student for unpaid fees has had its claim dismissed due to “lack of jurisdiction”. Heriot-Watt University raised an action against Christian Schlamp, claiming that the parties had entered into a “contract for the provis

A man who developed a “life-long psychiatric injury” after being physically and sexually abused by monks while staying at a residential school nearly 40 years ago has been awarded more than £300,000 in damages. The All-Scotland Sheriff Personal Injury Court ruled that the