Case Reports

A businessman who challenged a Scottish judge’s decision to grant a decree ordering him to conform to a Hong Kong High Court ruling that he make a payout to a former associate has had his appeal dismissed. The Inner House of the Court of Session upheld the decision of the Lord Ordina

A student who was diagnosed with post-traumatic stress disorder following the Glasgow bin lorry crash has had a claim for damages refused. Danielle Weddle, who witnessed the immediate aftermath of the incident in which a bin lorry mounted the pavement and caused the deaths of six people in December

A man found guilty of theft by housebreaking who claimed there was “insufficient evidence” that he was at the scene of the crime at the time of the offence has had an appeal against his conviction rejected. Richard MacPherson, who was sentenced to three-and-a-half years' imprisonment, ch

A man accused of “sexting” people he believed to be children has successfully challenged the Crown’s bid to lead evidence gathered by a pair of so-called “paedophile hunters”. A sheriff ruled that the evidence was “inadmissible” because the means used to ind

Campaigners who claimed that legislation allowing women to terminate pregnancies by taking abortion pills at home is “unlawful” have had their appeal rejected. The Inner House of the Court of Session upheld a judge’s decision to dismiss a legal challenge brought by the Society for

An Iraqi national of Kurdish ethnicity whose claim for asylum in the UK was refused will have his case reconsidered after appealing against the decision. The appellant argued that both the First-tier Tribunal (FTT) and the Upper Tribunal (Immigration and Asylum Chamber) (UT) “materially erred

A sheriff’s decision to grant an absolute discharge to a woman found guilty of the theft of £200 worth of fencing was “unduly lenient”, the Sheriff Appeal Court has ruled. Three appeal sheriffs quashed the sheriff’s decision and convicted the respondent of the

The family of a homeless man with a history of alcoholism who died hours after being offered accommodation by a charity have had an action for damages against the support provider dismissed. Relatives of Francis Hughes, 34, sued Turning Point Scotland on the basis that the charity &ld

A vulnerable woman who was made the subject of a hospital-based care and treatment order has had an application to prevent disclosure of her identity dismissed by appeal judges. The mental health patient, who had lodged an appeal against a decision of the Mental Health Tribunal for Scotland&nbs

A house-builder has successfully appealed against a Scottish local authority’s decision to refuse planning permission for a new residential development. Persimmon Homes’ application for a 62-home development on a brownfield site in Dundee was refused by Dundee City Council, a d

A man found guilty of murder after taking a cocktail of drink and drugs who claimed that he was suffering from “abnormality of mind” at the time of the killing has had an appeal against his conviction rejected. Nicholas Rodgers, who was sentenced to life imprisonment with a punishment pa

An appeal against an ouster clause preventing judicial review of a decision of the Investigatory Powers Tribunal (IPT) has succeeded in the Supreme Court, which allowed the appeal by a majority. Lord Carnwath gives the lead judgment, with which Lady Hale and Lord Kerr agree. Lord Lloyd-Jones gives a

A simple procedure claim cannot be combined with another action where the value exceeds £5,000, a sheriff has ruled. A car finance company had raised an action against a customer seeking delivery of a vehicle worth more than £30,000 and an enforcement order under the Consumer Credit

Correspondence between a senior prosecutor and in-house lawyers at the Crown Office relating to proceeds of crime proceedings against a former administrator of Rangers Football Club “oldco” is protected by “legal advice privilege” and therefore exempt from disc

A man found guilty of attempted rape who failed to lodge an appeal within the statutory time limits has had an application for an extension of time to challenge his conviction rejected. The Appeal Court of the High Court of Justiciary refused the application after noting that the applicant