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Scotland Case Law

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Immigration [2023] ScotCS CSOH_5

AC FOR JUDICIAL REVIEW

AC FOR JUDICIAL REVIEW [2023] ScotCS CSOH_5 (02 February 2023)

The Court of Session refused judicial review of the Upper Tribunal’s refusal of permission to appeal in an asylum case involving a Moroccan petitioner.

  • Asylum claims
  • Credibility assessment
  • Permission to appeal
  • Police protection
  • Internal relocation
  • Expert evidence
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Criminal law [2016] ScotHC HCJAC_67

Smith v HM Advocate

Smith v HM Advocate [2016] ScotHC HCJAC_67 (19 August 2016)

The Appeal Court upheld George Donald Smith’s murder conviction, holding there was sufficient evidence of asphyxia, proper jury directions, and no unreasonable verdict.

  • Murder
  • Causation
  • Asphyxia
  • Jury directions
  • Medical evidence
  • Sufficiency of evidence
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Mental health law [2015] ScotCS CSIH_18

B.G. AGAINST THE MENTAL HEALTH TRIBUNAL FOR SCOTLAND AND MARK McILWRAITH, MENTAL HEALTH OFFICER

B.G. AGAINST THE MENTAL HEALTH TRIBUNAL FOR SCOTLAND AND MARK McILWRAITH, MENTAL HEALTH OFFICER [2015] ScotCS CSIH_18 (04 March 2015)

The Court of Session refused an appeal against a compulsory treatment order for an elderly woman with advanced dementia, finding the tribunal had applied the statute correctly.

  • Compulsory treatment order
  • Patient rights
  • Tribunal procedure
  • Appeal grounds
  • Medical evidence
  • Statutory interpretation
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Employment law [2013] ScotCS CSIH_91

BS v Dundee City Council

BS v Dundee City Council [2013] ScotCS CSIH_91 (12 November 2013)

Court of Session remitted an unfair dismissal appeal involving prolonged sickness absence, finding the tribunal had not properly applied the reasonableness test.

  • Unfair dismissal
  • Capability dismissal
  • Procedural fairness
  • Medical evidence
  • Length of service
  • Unfair-dismissal
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Criminal law [2012] ScotHC HCJAC_95

IM v HM Advocate

IM v HM Advocate [2012] ScotHC HCJAC_95 (13 July 2012)

The Appeal Court held that the sheriff misdirected the jury by omitting crucial medical evidence that the appellant's chance of intercourse was less than 5%.

  • Misdirection
  • Sexual offences
  • Evidentiary misdirection
  • Jury instructions
  • Medical evidence
  • Jury-misdirection
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Coronial law [2011] ScotSC 80

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIEIS (SCOTLAND) 1976 INTO THE SUDDEN DEATH OF MRS CHRISTINA WATSON DOUGALL

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIEIS (SCOTLAND) 1976 INTO THE SUDDEN DEATH OF MRS CHRISTINA WATSON DOUGALL [2011] ScotSC 80 (01 April 2011)

Fatal Accident Inquiry into Mrs Christina Dougall’s death concluded there was no causal link between a hospital fall and her later heart attack.

  • Fatal accident inquiry
  • Hospital death
  • Causation
  • Medical evidence
  • Systemic failures
  • Fatal-accident-inquiry
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Immigration [2010] ScotCS CSOH_92

GAO, Re Judicial Review

GAO, Re Judicial Review [2010] ScotCS CSOH_92 (13 July 2010)

The Court of Session refused judicial review of a fresh-claim refusal, holding that the Secretary of State properly considered medical evidence and internal relocation.

  • Asylum
  • Fresh claim
  • Internal relocation
  • Medical evidence
  • Article 3 echr
  • Fresh-claim
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Personal injury [2010] ScotCS CSOH_4

Leggat v Ralph & Anor

Leggat v Ralph & Anor [2010] ScotCS CSOH_4 (13 January 2010)

A Scottish personal injury damages award after a road traffic accident, with the court preferring evidence that the pursuer’s hand injuries would limit future work.

  • Road traffic accident
  • Quantum of damages
  • Loss of earnings
  • Future wage loss
  • Solatium
  • Medical evidence
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Criminal law [2008] ScotHC HCJAC_59

Swankie v. Her Majesty's Advocate

Swankie v. Her Majesty's Advocate [2008] ScotHC HCJAC_59 (14 October 2008)

Criminal appeal against rape conviction refused. The court held alleged failures by defence counsel were tactical matters, not defective representation.

  • Defective representation
  • Corroboration
  • Rape
  • Miscarriage of justice
  • Medical evidence
  • Credibility
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.