The Lord Advocate has been refused permission to appeal to the UK Supreme Court after a British businessman wanted by authorities in Taiwan to serve a prison sentence won a human rights appeal against a decision to extradite him. Zain Dean was sentenced to four years imprisonment after being convict
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The Ministry of Defence (MoD) has failed in an attempt to have a damages claim against it dismissed in an action brought by the adult stepchildren and grandchildren of a former Rosyth dockyard worker who died from an asbestos-related condition. A judge in the Court of Session allowed the claim to pr
The parents of a baby boy who had his eyes removed after being diagnosed with a rare form of cancer have had an action against their local health board dismissed after claiming they were “fobbed off” by a health visitor when they reported concerns about one of his eyes. A judge in the Court of S
A golfer who was seriously injured when he fell into a manhole on a course has had an action for damages against his fellow club members dismissed. Colin Taylor sued the eight members of the executive board at Colville Park Golf Club in Motherwell, not as representatives of the club, but in a person
An Iraqi national who had been living in Greece but fled to the UK following attacks by the Neo-Nazi Golden Dawn group has successfully challenged the Home Secretary’s decision to certify his asylum and human rights claims as “clearly unfounded”. The decision meant that Sharif Kadir would be u
A businessman who is suing his solicitors over the loss and damage he claims to have sustained following the sale of part of his interest in a company has been granted a proof in a $210 million action against the firm. A judge in the Court of Session held that the claim by Robert Kidd that he sustai
Alistair Bonnington In response to the Scottish Parliament's invitation for submissions to the remit of the "Commission on Parliamentary Reform”, lawyer and legal commentator Alistair Bonnington gives MSPs and the Parliament short shrift. The views expressed are Alistair's own!
Lady Scott At the High Court in Glasgow today, Lady Scott discharged Daniel Cieslak absolutely after the accused pled guilty to the rape of a 12-year-old girl.On making the order for absolute discharge, Lady Scott made the following statement below in court.
A man who was seriously injured when shards of glass struck him on the face after another man punched the glass door of a take away is to be awarded damages. A sheriff granted summary decree after ruling that that the defender, who pled guilty to “culpably and recklessly” punching through the gl
A prisoner subject to an order for lifelong restriction (OLR) who claimed his human rights had been breached because he had not been given a “reasonable opportunity” to demonstrate that his continued imprisonment was “no longer necessary for the protection of the public” has had his claim fo
A nurse who broke her wrist and later developed a debilitating health condition after slipping on a wet hospital floor has been awarded almost £50,000 damages. Kathleen Ann McLeish, 60, was working in the A&E department at Edinburgh Royal Infirmary when she fell on a slippery surface in one of
A motorist who was sued after she struck a pedestrian suspected of attempting suicide at the time of the accident has been cleared of any liability. A judge in the Court of Session ruled that the pursuer, who could not remember anything about the time of the accident, failed to establish that the dr
A motorist who claimed more than £180,000 in damages following a relatively minor collision in which a car reversed into his vehicle while parked at a petrol station has been awarded just a fraction of that amount. Grant Grubb raised a personal injury action seeking £182,880 after John Finlay admi
Andrew Smith QC Andrew Smith QC of Compass Chambers comprehensively analyses changes to interim awards of expenses in the wake of the Higherdelta case.
The family of a man who died in hospital after being admitted to the accident and emergency department have failed in their claim for damages despite the health board accepting that its staff were “negligent”. A judge in the Court of Session ruled that notwithstanding the fact that hospital staf