Case Reports

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

A gay paedophile couple serving life sentences after being found guilty of murder have failed in a legal challenge against a decision by prison authorities to ban them from telephoning each other. Partners Charles O’Neill and William Lauchlan claimed they should be treated as “near relat

A man who swallowed his false teeth has been awarded nearly £200,000 in damages after suffering “severe” injuries during a hospital procedure to remove the dental plate from his food pipe. Derek Hamilton, who swallowed his dental plate while playing with his grandson, sue

Land at Stornoway Airport is to be sold to a residential property developer after Highlands and Islands Airport (HIA) successfully challenged a Scottish Land Court ruling that the disputed areas remained subject to crofting tenure. The First Division of the Court of Session&

A housing association tenant whose application to assign the tenancy of the property to his daughter was rejected has successfully challenged the landlord’s decision. A sheriff ordered the housing association to consent to the application after ruling that the refusal was “not reasonable

A Scots lawyer who claimed that the Scottish Legal Complaints Commission acted “ultra vires” in unilaterally raising a complaint against him for has successfully challenged the decision. A judge in the Court of Session ruled that the watchdog, which decided ex proprio motu to make a comp