Case Reports

A man who was sentenced to 27 months’ imprisonment for sexually assaulting a woman has had his appeal against conviction refused by the Appeal Court of the High Court of Justiciary. Gavin Macdonald argued that the trial sheriff’s use of the word “victim” to describe the

A man who lives near a waste water treatment plant in the Highlands has failed to obtain declarator of continuing nuisance in respect of noxious fumes that were present in his garden. William MacBean, a resident of Boat of Garten, originally raised the action against Scottish Water in 2017

A farmer who was expelled from his family farming partnership has been granted decree of reduction of the expulsion notice. Ian Rennie raised an action against the other members and trustees of the partnership seeking reduction of his expulsion notice and interdict to prevent it being held out

Two men who were convicted of the murder of a man in Glasgow have failed in their appeals against their conviction. Mark Moncrieff and Paul McCann were convicted of murdering Brian Boyle by repeatedly punching and kicking him as well as repeatedly striking him with a hammer and a knif

A tenant of a local authority housing site in Motherwell has successfully sought a review of the decision not to allow her to amend her pleadings in an action for damages against her landlords. Caroline Cowan had a secure tenancy of a property in the Watling Street development in Motherwell, wh

A blogger who sued the former leader of the Scottish Labour Party for defamation for calling him “homophobic” in response to a tweet he had made about a Scottish Conservative Party MSP has had his appeal refused. Stuart Campbell, who has run the Wings Over Scotland blog since 2011, chall

A man convicted of raping his partner, with whom he allegedly began a sexual relationship with while she was underage, has had his appeal against conviction and sentence refused. The appellant, RKS, argued that the trial judge had erred in directing the jury regarding whether they could take in

Two tenants of properties in a housing development in Motherwell have failed to establish that a civil engineering firm breached a duty of care owed to them in respect of injuries they sustained whilst living on the site. Angela and Robert McManus alleged that they had suffered personal injury

A prisoner in HMP Glenochil serving nearly 20 years in custody has been refused permission for judicial review of a decision of the Scottish Ministers not to move him into less secure prison conditions. Lee Brown, who would remain in prison until 2024 without early release, argued that he should hav

A man who had an insurance policy in respect of commercial premises in Glasgow had has his appeal against a decision that his insurer was not bound to indemnify him refused. The defender, Royal and Sun Alliance Insurance plc, declined to indemnify Wayne Stephen Gardner Young on t

A waste management company that sought damages for breach of contract from a city council has had their case continued to a hearing to determine the nature and scope of the proof. Patersons of Greenoakhill Ltd contracted with Glasgow City Council to process waste collected by the coun

An oilfield tool manufacturing company has succeeded in its petition to restore its former licensees to the register of companies so that they could be the defendants in an action before the federal court of Texas in which they were the plaintiff. MCR Oil Tools LLC alleged that members of the&n

A Chinese national who was identified as a victim of modern slavery but was initially refused discretionary leave to remain in the UK has successfully petitioned for a reduction of the decision. The petitioner, ZL, challenged the decision of the Home Secretary on the grounds that she had erred

A dispute concerning the terms of a guarantee agreement between a biogas company that instructed a contractor to build it an anaerobic digestion plant in Aberdeenshire and the contractor’s sub-contractor has been resolved in favour of neither party. Buchan Biogas Ltd contracted with Willi

A property development firm has succeeded in appealing a decision of the Upper Tribunal for Scotland that they were considered the property factors of a building under the Property Factors (Scotland) Act 2011 and were required to comply with the Property Factor Code of Conduct. Proven Prop