Case Reports

A police officer found guilty of sexual offences whose application to retire on the grounds of permanent disablement was refused by the Scottish Police Authority (SPA) has had a legal challenge against the decision dismissed. The officer raised judicial review proceedings after the SPA dec

A man accused of sexual offences against his daughter has successfully challenged an attempt by prosecutors to rely on his admissions to a children’s hearing as evidence to corroborate the charges in the criminal proceedings against him. In the first case of its kind, a High Court ju

A sheriff’s decision not to impose a custodial sentence on a father-of-three who was convicted of “significant and serious” domestic abuse offences after repeatedly assaulting his wife and two daughters over several years was not “unduly lenient”, appeal judges have rul

A man who pled guilty to being concerned in the supplying of cocaine after providing a “safe house” for a friend has successfully appealed against a sheriff’s decision to impose a custodial sentence. James Houten was sentenced to 23 months’ imprisonment after admitt

A former member of the armed forces found guilty of the rape of two ex-partners has had an appeal against his sentence dismissed. John Falconer, who was convicted of three charges of rape and sentenced to eight years with an extension period of three years, claimed that the sentence imposed was &ldq

A Singapore-based banker who raised an action for damages in Scotland following a refusal by the Court of Appeal in London to refer a question of EU law to the European Court of Justice, after his claim for unfair dismissal in the UK employment tribunal was rejected on the grounds that the tribunal

Two cyclists who fell from their bikes while crossing tram tracks in Edinburgh have been awarded undisclosed damages. Elizabeth Fairley and Ian Lowdean sued Edinburgh Trams Limited, Transport Initiatives Edinburgh and Edinburgh City Council after being injured in f

A Scots lawyer who delayed administering the estate of a deceased client of his firm after having failed to make proper attempts to contact the beneficiary has been fined £5,000. Gary Pirrie, 50, was found guilty of “professional misconduct” by the Scottish Solicitors’ D

There is a right of privacy in the common law of Scotland, a Court of Session judge has ruled. The court held for the first time that the common law right exists in Scots law, and that its nature and scope is similar to that protected under article 8 of the European Convention on Huma

The Upper Tribunal for Scotland has ruled that the existence of a repairing standard enforcement order did not prevent a trust from having the requisite intention to demolish a building as per Schedule 5 of the Housing (Scotland) Act 1988. The Josephine Marshall Trust appealed against a decision of

The proprietors of a Glasgow flat who discovered that the property was in need of significant repairs following the date of entry, contrary to what the building’s property factor had told them, did not have a right to complain as they lacked title when the events occurred. Dr Brian Lynas and D

A woman who disponed her property to her daughter and her husband was unable to have the disposition reduced on the ground of undue influence as the four-part test was not satisfied in the circumstances of the case. Adeline Margaret Wilson raised the action in the Outer House of the Court of Session

The sentence of a man convicted of breaking into a British Army building and stealing dummy rifles as well as possessing a prohibited firearm under the Firearms Act 1968 has been reduced on appeal in relation to the theft charge owing to his original sentences being regarded as excessive when taken

A Reporter for the Scottish Ministers was found to have erred in law by accepting without question the findings of the planning authority regarding the quantity of effective housing land supply in the area. The Inner House of the Court of Session quashed the Reporter’s decision to refuse an ap

An employer which was found to have “victimised” a former employee after sifting out her application for a job has successfully challenged a tribunal’s decision to uphold her claim, after the employment judge “fell fully asleep not once but twice” during the hearing. Th