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A Nigerian businessman who was refused indefinite leave to remain in the UK despite living here for more than a decade due to tax discrepancies has been granted permission to appeal against the decision to refuse his application. A judge in the Court of Session ruled that the Upper Tribuna

A long-term prisoner whose personal mail was confiscated after a sniffer dog detected drugs has had a legal action against the prison authorities dismissed. David Gilday claimed his human rights had been breached after prison officers seized a greeting card addressed to him, but a judge in the&

The All-Scotland Sheriff Personal Injury Court has issued a judgment to give some guidance on motions for certification of skilled persons and sanction for the employment of counsel made under new court rules introduced in 2019. Sheriff Kenneth McGowan said the terms of motions should

A woman who claimed she was repeatedly raped by her late stepfather is suing the executor of his estate for damages in a landmark case. The woman’s stepbrother, the executor of the estate, argued that the action should not be allowed to proceed because it would not be possible for fair hearing

An oil and gas company has been granted a court order to prohibit environmental campaigners from carrying out protests on four offshore installations in the North Sea. Shell UK was granted an interdict to prevent Greenpeace activists from boarding or attempting to board the Brent Alph

He has attained folk hero status as a sort of Scottish Robin Hood and at Burns Suppers around the country this weekend his execution will be recalled with performances of ‘Macpherson’s Farewell’ also known as Macpherson’s ‘Rant’ or ‘Lament’. But who wa

A Scottish fishing association which claimed that a continued prohibition on catching salmon in coastal waters and a compensation scheme introduced to support affected farmers were unlawful has had its legal challenge dismissed. A judge in the Court of Session ruled that the compensation s

A student from Afghanistan who has lived in the UK for more than five years has had a legal challenge against a decision to refuse her application for indefinite leave to remain dismissed. The petitioner was seeking to continue her studies in aircraft engineering, but the Home Office rejected her ap

Sarah Alexander discusses the case of Babcock Marine (Clyde) Ltd v HS Barrier Coatings Ltd [2019] CSOH 110 and its impact on what an adjudicator needs to do if they use other people (like a QS) when preparing their decision. In December 2019, Scottish Construction Now published an article by Ki

A Nigerian national who lodged a human right claim to remain in the UK with members of her extended family has successfully challenged a decision to refuse her application to appeal. The First-tier Tribunal (Immigration and Asylum Chamber) rejected the petitioner’s claim that she had developed

Neeraj Thomas, specialist in IP and sports law at CMS, explores how Scotland's IP regulations will apply to the EURO 2020 tournament. This summer’s UEFA EURO 2020 tournament will be held in 12 different cities, with Glasgow’s Hampden Park included as a host venue. It’s another coup

A Scots lawyer who claimed that the Scottish Legal Complaints Commission acted “ultra vires” in unilaterally raising a complaint against him for has successfully challenged the decision. A judge in the Court of Session ruled that the watchdog, which decided ex proprio motu to make a comp

A gay paedophile couple serving life sentences after being found guilty of murder have failed in a legal challenge against a decision by prison authorities to ban them from telephoning each other. Partners Charles O’Neill and William Lauchlan claimed they should be treated as “near relat

Three years after a defamation action was brought against him, Scottish Greens MSP Andy Wightman has been vindicated by a judge in the Court of Session. Lord Clark in the Outer House found, among other things, that the allegedly defamatory statements of Mr Wightman lacked the meaning the "ordinary r

A business restructuring consultant who is suing Police Scotland for £2 million for “malicious prosecution” after he was charged with fraud following the sale of Rangers Football Club Plc has had a motion for summary decree in the action dismissed. David Grier, 57, a former employe