Case Reports

The Sheriff Appeal Court has refused an appeal by a 57-year-old woman challenging the appointment by her local authority of a welfare guardian with the power to determine where she could live and where she was allowed to go. The appellant, JK, argued that the appointment amounted to a deprivation of

A motion by a man who sued a health board for damages resulting from negligence seeking access to a digital recording of evidence provided by an expert witness has been refused by the Sheriff Appeal Court. Billy McGowan argued that the sheriff had decided his case unfairly as a result of o

The High Court of Justiciary has reduced the sentence of a man who was convicted of the attempted murder of a rival gang member after his case was referred to the court by the Scottish Criminal Cases Review Commission. Dillin Armstrong, who was 24 at the time of the offence, was given an e

A man who was convicted of indecently assaulting his foster brother when he was a teenager has lost an appeal to the High Court of Justiciary against his conviction on the ground of sufficiency of evidence. John Deeney, 53, was convicted and sentenced to four years’ imprisonment afte

A judicial review petition by the General Secretary of the Scottish Police Federation challenging a decision of the Deputy Chief Constable of Police Scotland to institute misconduct proceedings against him has been refused by a judge in the Outer House of the Court of Session. Calum S

An appeal by the Scottish Ministers against a decision by the Lands Tribunal for Scotland to award compensation to the former owner of land acquired in order to build the Aberdeen Western Peripheral Route has been refused by the Inner House of the Court of Session. The former landowne

The High Court of Justiciary has reversed a sheriff’s decision to discharge from custody an Albanian man wanted by the Italian authorities to serve a prison sentence for his role in an attempted murder, and ordered that he be extradited. The Lord Advocate brought the appeal

Two people who were sentenced to life imprisonment for murdering a woman in Shetland have failed to challenge their convictions in the High Court of Justiciary but succeeded in having the punishment parts of their sentences reduced. Ross MacDougall and Dawn Smith were convic

A limited partner in a Scottish investment fund has succeeded in the first stage of an action of count, reckoning and payment against the partnership and its general partners before the Outer House of the Court of Session. Johann Herberstein believed that the value of his interest in the p

A woman whose doctor negligently led her to believe she was not a carrier of a hereditary disease has had her appeal against a decision that the doctor was not liable for all the costs associated with raising her child refused by the Supreme Court. The appellant, Ms Meadows, gave birth to a chi

The Supreme Court has found that an accounting firm that incorrectly advised a building society that it could use a method of accounting known as “hedge accounting” to handle volatility in certain payments had negligently cost the society £32 million for the cost of ditching the co

A judge in the Outer House of the Court of Session has found that a married couple who were granted refugee status are entitled to a reduction of a decision by the tax authority not to accept their claim for backdated child tax credits. Ali and Saima Adnan were granted refugee status

A Pakistani man who claimed he was at risk of persecution for being gay if he was deported has lost his appeal against a Lord Ordinary’s decision not to allow him an appeal against the decision of an immigration tribunal. The appellant, FI, sought asylum in the UK on the basis that he wou

A judge in the Outer House of the Court of Session has determined that the former executive of a housebuilding company who was made redundant should be entitled to bonus in respect of projects completed after his redundancy. Gavin Loudon was employed by Stewart Milne Group Ltd&nb

Two former residents of a home for the children of seafarers in Rhu, Argyll, have had their actions for damages against the operators of the home dismissed after a judge concluded that it would not be possible for there to be a fair hearing. The anonymous pursuers, B and C, were resid