Case archive

Order for Lifelong Restriction for beggar convicted of rape upheld by Criminal Appeal Court

A beggar who was sentenced to an Order for Lifelong Restriction after being convicted of rape has had an appeal against his life sentence refused.

Appeal Court of the High Court of Justiciary 6 December 2019

Court of Session allows appeal against refusal of FOI request after ruling election contract information ‘clearly held’ by council

A doctor who sought information under freedom of information legislation from a Scottish council relating to the conduct of local elections has successfully appealed against the decision to refuse his request.

Court of Session Inner House 5 December 2019

Courts can devise remedy to protect good faith purchaser in gratuitous alienations

Courts can, in appropriate cases, devise a remedy to protect the good faith purchaser in a gratuitous alienation, the Supreme Court has concluded in a case that turned on the meaning of “adequate consideration” in the Insolvency Act 1986 and which has been remitted to the Inner House of the Court of Session.

UK Supreme Court 4 December 2019

Scots lawyer wins appeal to have ‘time-barred’ services complaint quashed, but conduct complaint referral upheld

A Scots lawyer has partially succeeded in an appeal against a decision by the Scottish Legal Complaints Commission (SLCC) to refer two “time-barred” complaints against him to the Law Society of Scotland for investigation.

Court of Session Inner House 4 December 2019

Rapist fails in appeal against conviction for breaching ‘unlawful’ sexual offences prevention order

A man found guilty of rape and child sex offences who claimed that a Sexual Offences Prevention Order (SOPO) made in advance of his release from prison was null and void because it failed to specify a period for which it would apply has had an appeal against his conviction for breaching the order dismissed.

Appeal Court of the High Court of Justiciary 3 December 2019

Judge rejects life prisoner’s £5,000 human rights claim for correspondence ‘unlawfully’ opened by prison officers 

A man serving a life sentence for murder who claimed that his human rights were breached after his “confidential” letters were opened by prison officers has had a £5,000 damages action dismissed.

Court of Session Outer House 2 December 2019

Lib Dem leader granted interim interdict over SNP ‘defamatory’ election leaflet

The leader of the Liberal Democrats has been granted interim interdict to prohibit a Scottish National Party rival from distributing an election leaflet which claimed she had “accepted a £14K donation from a fracking company”.

Court of Session Outer House 29 November 2019

Ex-Celtic Boys Club coach convicted of sex offences wins appeal over Crown’s failure to disclose complainer’s conviction for dishonesty

A former coach of Celtic Boys Club who was jailed after being found guilty of a series of historical child sex offences has had his conviction on one of the charges quashed after prosecutors failed to disclose evidence of the complainer’s criminal record.

Appeal Court of the High Court of Justiciary 28 November 2019

Damages action over ‘defective’ metal-on-metal hip replacement product dismissed

A former forestry worker who sued two companies which manufactured the components used in his hip replacements 10 years ago has had his action for damages dismissed.

Court of Session Outer House 27 November 2019

Sheriff Appeal Court issues guideline judgment in refusing motorist’s appeal against ‘excessive’ fine 

A motorist who was fined £500 after being convicted of driving without a valid licence and without insurance has failed in an appeal to have the financial penalty reduced.

Sheriff Appeal Court 26 November 2019

RBS ordered to make PPI payout after failing in ‘insolvency set-off’ appeal 

The Royal Bank of Scotland has had an appeal rejected against a decision that it could not avoid paying out a successful payment protection insurance (PPI) mis-selling claim to a loan customer who became insolvent.

Court of Session Inner House 25 November 2019

Foreign businessman wins permission to appeal for indefinite leave to remain in tax discrepancy case over ‘blatant error of law’

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.

Court of Session Outer House 22 November 2019

Appeal Court warns judges not to ‘cross-examine’ complainers in sexual offence cases in rejecting appeal against rape conviction

Judges presiding over solemn cases have been reminded not to take over the role of “cross-examiner” of witnesses, particularly in trials involving allegations of serious sexual offending.

Appeal Court of the High Court of Justiciary 21 November 2019

Pair found guilty of producing psychoactive substances fail in appeal against convictions

Two men found guilty of producing psychoactive substances on an industrial scale following the introduction of new legislation to tackle the rising use of so-called “legal highs” have had appeals against their convictions rejected.

Appeal Court of the High Court of Justiciary 20 November 2019

Company fails in claim to recover payment from ex-employee who fell for £200,000 ‘whaling fraud’ 

A publishing company which sued a former employee for more than £100,000 after she fell victim to a “whaling fraud” has failed in a legal action to recover the funds.

Court of Session Outer House 19 November 2019