Case archive

Work and Pensions Secretary prevails in PIP appeal at Supreme Court

An appeal by the Secretary of State for Work and Pensions over a detail of a personal independence payment (PIP) claim has succeeded as justices in the Supreme Court overturned a judgment of the Inner House of the Court of Session.

UK Supreme Court — 18 July 2019

‘Legal highs’ dealer wins appeal against sentence after SCCRC referral

A man who was jailed for four-and-a-half years for selling so-called “legal highs” has had his sentence reduced following an appeal.

Appeal Court of the High Court of Justiciary — 18 July 2019

Knife attacker’s appeal against conviction rejected in ‘googling juror’ case

A man found guilty of assault with a knife who claimed he suffered a “miscarriage of justice” after it emerged that a juror had “googled” his name and discovered a previous conviction for assault has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary — 17 July 2019

Hibs fan jailed for confronting Rangers footballer has appeal against custodial sentence dismissed

A Hibernian fan who was jailed for confronting Rangers captain James Tavernier during a match has failed in an appeal to have his custodial term quashed.

Sheriff Appeal Court — 16 July 2019

Cannabis ‘gardener’ who claimed he was human trafficking victim fails in appeal against sentence 

A Vietnamese man who was jailed for three years after admitting being involved in a cannabis growing operation has had an appeal against his sentence rejected.

Appeal Court of the High Court of Justiciary — 15 July 2019

Punishment parts imposed on teenage murderers were ‘excessive’, appeal court rules

Two teenagers convicted of murder have had the punishments parts of their life sentences reduced following an appeal.

Appeal Court of the High Court of Justiciary — 12 July 2019

Police officer facing misconduct proceedings over sexual assault conviction loses legal claim for medical discharge

A police officer found guilty of sexual offences whose application to retire on the grounds of permanent disablement was refused by the Scottish Police Authority (SPA) has had a legal challenge against the decision dismissed.

Court of Session Outer House — 11 July 2019

Crown entitled to use evidence from children’s hearing to prosecute alleged sex offender, but evidence held ‘inadmissible’ due to erroneous legal advice

A man accused of sexual offences against his daughter has successfully challenged an attempt by prosecutors to rely on his admissions to a children’s hearing as evidence to corroborate the charges in the criminal proceedings against him.

High Court of Justiciary — 10 July 2019

Serial domestic abuser’s non-custodial sentence was ‘not unduly lenient’

A sheriff’s decision not to impose a custodial sentence on a father-of-three who was convicted of “significant and serious” domestic abuse offences after repeatedly assaulting his wife and two daughters over several years was not “unduly lenient”, appeal judges have ruled.

Appeal Court of the High Court of Justiciary — 9 July 2019

Carer convicted of class A drugs offence wins appeal for non-custodial sentence

A man who pled guilty to being concerned in the supplying of cocaine after providing a “safe house” for a friend has successfully appealed against a sheriff’s decision to impose a custodial sentence.

Appeal Court of the High Court of Justiciary — 8 July 2019

Army veteran with PTSD who raped former partners fails in appeal against sentence

A former member of the armed forces found guilty of the rape of two ex-partners has had an appeal against his sentence dismissed.

Appeal Court of the High Court of Justiciary — 5 July 2019

Banker’s Court of Session damages appeal over failure of Court of Appeal to refer case to ECJ dismissed

A Singapore-based banker who raised an action for damages in Scotland following a refusal by the Court of Appeal in London to refer a question of EU law to the European Court of Justice, after his claim for unfair dismissal in the UK employment tribunal was rejected on the grounds that the tribunal lacked jurisdiction, has had an application for permission to appeal to the Court of Session dismissed.

Court of Session Inner House — 4 July 2019

Cyclists win personal injury claims following accidents on Edinburgh tram lines

Two cyclists who fell from their bikes while crossing tram tracks in Edinburgh have been awarded undisclosed damages.

Court of Session Outer House — 3 July 2019

Scottish solicitor fined £5,000 over delay in administering executry

A Scots lawyer who delayed administering the estate of a deceased client of his firm after having failed to make proper attempts to contact the beneficiary has been fined £5,000.

Scottish Solicitors Discipline Tribunal — 2 July 2019

Right to privacy recognised in Scots common law for first time as judge dismisses action by police officers over private ‘WhatsApp’ messages

There is a right of privacy in the common law of Scotland, a Court of Session judge has ruled.

Court of Session Outer House — 1 July 2019