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Scotland Case Law

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Criminal-law [2026] HCJAC 10

Appeal against Sentence by Cahlum Hamilton against His Majesty's Advocate (High Court of Justiciary)

Appeal against Sentence by Cahlum Hamilton against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 10 (20 March 2026)

The High Court refused an appeal against an order for lifelong restriction imposed on an 18-year-old for a machete attack and weapon possession.

  • Order-for-lifelong-restriction
  • Risk-assessment
  • Sentencing-young-offenders
  • Violent-crime
  • Use-of-weapons
  • Weapon-offences
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Criminal-law [2026] HCJAC 5

Appeal Against Sentence by Otu Nyiam also known as Raymond Nyiam against His Majesty's Advocate (High Court of Justiciary)

Appeal Against Sentence by Otu Nyiam also known as Raymond Nyiam against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 5 (03 February 2026)

The Appeal Court upheld an order for lifelong restriction after concluding that the appellant’s repeated rape offending and risk factors met the statutory test.

  • Order-for-lifelong-restriction
  • Risk-assessment
  • Rape
  • Extended-sentence
  • Criminal-procedure-(scotland)-act-1995
  • Sentencing-appeal
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Employment-law [2025] SCEDIN 17

Thomas Ward against WM Morrison Supermarket PLC and others (National Personal Injury Court)

Thomas Ward against WM Morrison Supermarket PLC and others (National Personal Injury Court) [2025] SCEDIN 17 (14 March 2025)

The sheriff held the second defender liable in negligence for a loading accident, finding 30% contributory negligence and awarding ÂŁ56,818 after deductions.

  • Employer's-liability
  • Common-law-duty-of-care
  • Risk-assessment
  • Contributory-negligence
  • Workplace-accident
  • Settlement-and-satisfaction
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Employment-law [2024] CSOH 92

McIlwraith against Blue Vale Structures LTD (Court of Session)

McIlwraith against Blue Vale Structures LTD (Court of Session) [2024] CSOH 92 (01 October 2024)

A pursuer failed to prove that wet working conditions caused his diabetic foot injury and below-knee amputation, so decree of absolvitor was granted.

  • Employer's-duty-of-care
  • Risk-assessment
  • Causation
  • Provision-of-protective-equipment
  • Employer-duty-of-care
  • Personal-injury
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Criminal-law [2024] ScotHC HCJAC_27

NOTE OF APPEAL AGAINST SENTENCE BY MAXIMILIANO MORENO

NOTE OF APPEAL AGAINST SENTENCE BY MAXIMILIANO MORENO [2024] ScotHC HCJAC_27 (10 July 2024)

The Appeal Court dismissed Maximiliano Moreno’s challenge to an Order for Lifelong Restriction, holding the statutory risk criteria were met despite his youth and mitigation.

  • Order-for-lifelong-restriction
  • Risk-assessment
  • Sentencing-of-young-offenders
  • Appeal-against-sentence
  • Criminal-sentencing
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Criminal-law [2024] ScotHC HCJAC_8

APPEAL AGAINST SENTENCE BY JORDAN MITCHELL AGAINST HIS MAJESTY'S ADVOCATE

APPEAL AGAINST SENTENCE BY JORDAN MITCHELL AGAINST HIS MAJESTY'S ADVOCATE [2024] ScotHC HCJAC_8 (08 February 2024)

The appeal court quashed an extended sentence and imposed an order for lifelong restriction after finding the appellant posed a particularly high risk to public safety.

  • Order-for-lifelong-restriction
  • Extended-sentence
  • Risk-assessment
  • Public-protection
  • Mental-health-and-sentencing
  • Violent-offences
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Tort [2023] ScotCS CSOH_84

JAMES MILLER AGAINST J.W. WHEATLEY AND SON LTD AND ANOTHER

JAMES MILLER AGAINST J.W. WHEATLEY AND SON LTD AND ANOTHER [2023] ScotCS CSOH_84 (28 November 2023)

The Court of Session held that a solar panel installer was an independent contractor, not Wheatley’s worker, and dismissed the action after a wet-roof accident.

  • Employer's-duty-of-care
  • Independent-contractor-liability
  • Workplace-accidents
  • Risk-assessment
  • Employment-status
  • Contributory-negligence
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Criminal-law [2023] ScotCS CSOH_83

WILLIAM FREDERICK IAN BEGGS FOR JUDICIAL REVIEW OF A DECISION OF THE PAROLE BOARD FOR SCOTLAND DATED 8 JANUARY 2020

WILLIAM FREDERICK IAN BEGGS FOR JUDICIAL REVIEW OF A DECISION OF THE PAROLE BOARD FOR SCOTLAND DATED 8 JANUARY 2020 [2023] ScotCS CSOH_83 (17 November 2023)

The Court of Session refused a judicial review of the Parole Board's refusal of parole to William Beggs, rejecting challenges to the reasoning and Article 5(4) independence.

  • Parole
  • Judicial-review
  • Article-5(4)-echr
  • Independence-of-tribunals
  • Risk-assessment
  • Procedural-fairness
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Criminal-law [2023] ScotHC HCJAC_30

HIS MAJESTY'S ADVOCATE AGAINST TIGH-NA-MUIRN LTD

HIS MAJESTY'S ADVOCATE AGAINST TIGH-NA-MUIRN LTD [2023] ScotHC HCJAC_30 (18 August 2023)

The Appeal Court held that a fine for a care home’s health and safety breach was unduly lenient and increased it after a resident died from ingesting cleaning liquid.

  • Corporate-liability
  • Sentencing
  • Risk-assessment
  • Covid-19-pandemic
  • Care-home-regulation
  • Health-and-safety
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Criminal-law [2023] ScotCS CSOH_37

PETITION OF XY FOR JUDICIAL REVIEW

PETITION OF XY FOR JUDICIAL REVIEW [2023] ScotCS CSOH_37 (07 June 2023)

Judicial review of refusals of compassionate release and parole was refused. The court held the petitioner still posed a risk that could not be safely managed in the Netherlands.

  • Compassionate-release
  • Parole
  • Risk-assessment
  • Judicial-review
  • Procedural-fairness
  • Parole-board
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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.