Case Reports

A Hebridean crofting couple who raised an action for damages after a neighbours’ bull strayed onto their land and impregnated their pedigree cow have had their claim dismissed. Bernard and Kathleen Allen, from Great Bernera on Lewis, went to court to pursue a reported £20,000 i

A homeowner who was unable to maintain his monthly mortgage payments has successfully challenged his lender’s bid to repossess the property after appealing against a sheriff’s decision that the bank had validly served a calling-up notice. The Sheriff Appeal Court ruled that a &

A Scottish farming business is entitled to repayment of VAT paid in purchasing entitlements to an EU farm subsidy, the UK Supreme Court has ruled. The justices unanimously dismissed an appeal HMRC after ruling that when the respondent incurred the costs of the single farm pa

An Indian man whose application for leave to remain in the UK based on his marriage to a British woman was refused has successfully challenged the decision. A judge in the Court of Session reduced the decision by the Home Office after ruling that officials failed to take into consideration

Penalties imposed by Revenue Scotland (RS) over the late filing of a land and buildings transaction tax (LBTT) return have been quashed after the tax agency failed to produce evidence that it had taken a decision to impose the penalties, as required by legislation. The Upper Tribunal

A long-term prisoner who claimed that the prison authorities acted “unlawfully” in failing to progress his application for home detention curfew has had his legal challenge dismissed. Niall Dinsmore, then a prisoner at HMP Castle Huntly serving a five-year sentence for a firearms offence

A French national whose application for homelessness assistance was rejected by a Scottish local authority has had a petition for judicial review of the decision dismissed. Augustin-Roger Mokombo-Eboma claimed that, as an EU citizen, he was entitled to homelessness assistance in Scotland and that&nb

A teacher who was “excluded” from a school after raising a personal injury action against a Scottish local authority following a fall at work, and then sought damages for a “depressive illness” he sustained as a result, has had his claim for “psychiatric injury” d

A man found guilty of rape and sexual assault who claimed that the two offences were too dissimilar for the doctrine of “mutual corroboration” to apply has had an appeal against his conviction rejected. The Appeal Court of the High Court of Justiciary ruled that the circumstanc

A man who was jailed for four-and-a-half years for selling so-called “legal highs” has had his sentence reduced following an appeal. Liston Pacitti and his co-accused Paul Brocklehurst both pled guilty to “culpable and reckless conduct” by supplying quantities of new psy

An appeal by the Secretary of State for Work and Pensions over a detail of a personal independence payment (PIP) claim has succeeded as justices in the Supreme Court overturned a judgment of the Inner House of the Court of Session. This appeal concerns the assessment of claimants for PIP, a non

A man found guilty of assault with a knife who claimed he suffered a “miscarriage of justice” after it emerged that a juror had “googled” his name and discovered a previous conviction for assault has had an appeal against his conviction rejected. Gary Goddard argued that

A Hibernian fan who was jailed for confronting Rangers captain James Tavernier during a match has failed in an appeal to have his custodial term quashed. Cameron Mack, 22, who was sentenced to 100 days’ imprisonment in April 2019 after pleading guilty to a charge of breach of the peace, claime

A Vietnamese man who was jailed for three years after admitting being involved in a cannabis growing operation has had an appeal against his sentence rejected. Trung Dung Le claimed he was a victim of human trafficking who had been forced to commit the offences, but the Appeal Court of the

Two teenagers convicted of murder have had the punishments parts of their life sentences reduced following an appeal. Daniel Kinlan and Darren Boland, who were sentenced to detention for life with punishment parts of 10 years and nine months and nine years and 11 months respectively for th