Search: Me/cfs

An Indian man whose application for leave to remain in the UK based on his marriage to a British woman was refused has successfully challenged the decision. A judge in the Court of Session reduced the decision by the Home Office after ruling that officials failed to take into consideration

A councillor suspended for making inappropriate remarks to a man seeking to renew his taxi licence has had his appeal against suspension refused by a court, in a case providing that when acting in a quasi-judicial capacity the enhanced protection afforded politicians to make political comment, under

The mother of a child with selective mutism has been unsuccessful in establishing that it would be in the child’s best interests to relocate to her native Germany and have that be the child's principal residence. Sheriff Ian Cruickshank heard evidence from MK, the pursuer, who sought a residen

A couple who claimed their company’s solicitor had been negligent in his conduct during a purchase transaction have failed to establish negligence. Sajjad and Rumella Soofi brought an action against Jeffrey Martin Dykes for professional negligence in respect of their purchase of

A patient who sued his local health service over alleged failures in diagnosis and treatment of symptoms affecting his right leg and foot has had a damages claim dismissed. Barrie Spark raised a “negligence” action against Western Isles NHS, Benbecula Medical Practice, Uist and

A judge has questioned why the courts require facts to be "squeezed into a Moorov straitjacket" instead of recognising a more general principle admitting similar fact evidence where relevance is established. Lord Glennie made the obiter comments in a judgment allowing the appeal against conviction o

A legal challenge brought by a cross-party group of parliamentarians to temporarily halt the effect of Prime Minister Boris Johnson’s advice to Her Majesty the Queen to shut down the UK Parliament ahead of “Brexit day” has been rejected. A judge in the Court of Session re

A commercial property landlord has been granted a court order requiring a tenant to leave the premises after a judge ruled that the notice to terminate the lease, which gave a period of just under six months, was valid under common law. A judge in the Court of Session upheld the landlord’s cla

A father-of-two who claimed that his estranged wife had “wrongfully removed” their two children from Italy when she fled with them to Scotland following the breakdown of their “volatile” marriage has had an appeal to have them returned refused. A judge had ruled that while th

A barrister who claimed the new Brexit deal negotiated by the Prime Minister was “unlawful” has had a legal challenge to suspend the agreement dismissed. Jolyon Maugham QC was seeking interim suspension and interdict on the basis that the withdrawal agreement was in breach of legisl

An immigrant whose application for discretionary leave to remain was refused on the basis that he had acquired three criminal convictions while in the UK and because his application was lodged after the expiry of his existing leave has failed in a legal challenge against the decision. The petitioner

A company which claims to have possessed a number of industrial units in a business park for more than 20 years has been granted a full hearing in an action against a property developer who was allegedly seeking to take over possession of the land. The pursuers GNC (Scotland) Ltd were seeking declar

The guardian of a child who was made the subject of a care order has successfully challenged the decision after an appeal court ruled that the judge’s “wholly unsatisfactory” handling of the case amounted to “serious procedural irregularity”. The England and Wales

A baroness who claimed that a decision by the Lord Lyon King of Arms to change the wording of the titles from “the baron of ...” to “holder of the barony of ...” breached an agreement she entered into with his predecessor in office has had a legal challenge against

A woman who was made the subject of a confiscation order under “proceeds of crime” legislation after being convicted of a £50,000 tax fraud has failed in an appeal against her sentence. Joanne Mooney devised a scheme whereby she acted on behalf of others to secure tax rebates