Case archive

Nurse who settled personal injury claim granted motion for certification of skilled persons despite opposition

A nurse who reached an out-of-court settlement after suing a health board following an accident at work has been granted a motion which means her former employers will bear the expenses for five expert witnesses who were instructed during her preparation of the action.

17 July 2015

Man’s conviction for electricity theft overturned as police entered property without warrant

A man found guilty of stealing electricity has seen his conviction overturned because police officers failed to secure a warrant before searching his home.

High Court of Justiciary 15 July 2015

Pensioner who crashed into motorcyclists fails in ‘automatism’ appeal

A pensioner who was banned from driving for 10 years after he seriously injured two motorcyclists in a road traffic accident while driving himself to a hospital has failed in an appeal against his conviction.

Appeal Court of the High Court of Justiciary 13 July 2015

Woman fails in judicial review over decision not to grant her leave to remain in UK

of the expiration of her grant of leave to remain in July 2013 the petitioner made another application for permission to stay for longer than a year based on her article 8 rights, which she said were stronger because of her increased integration into her family life in Glasgow. She had recovered from her cancer by this time.

Court of Session Outer House 9 July 2015

Slot machine company fails in appeal to UKSC over VAT-exemption for winnings

A slot machine company has failed in its appeal to the UK Supreme Court against a decision of the Court of Appeal that the winnings from its machines were subject to taxation as they were deemed to be “gaming machines”.

UK Supreme Court 9 July 2015

Convicted rapist's petition to the nobile officium dismissed as incompetent

A convicted rapist's petition to the nobile officium of the Court of Session has been dismissed as incompetent on various grounds including the fact the decision from which it stemmed was reviewable by neither the Court of Session nor the High Court of Justiciary and that thenobile officium is not designed for the review of administrative bodies.

High Court of Justiciary 8 July 2015

ECtHR rules banking data is protected under the Convention

The European Court of Human Rights (ECtHR) has unanimously ruled that banking data, irrespective of whether it contains sensitive information, is protected under the European Convention on Human Rights (ECHR) in a case in which San Marino judicial authorities seized the banking documents of four Italian nationals.

European Court of Human Rights 7 July 2015

Child-snatching parent loses appeal against abduction conviction but sentence imposed was ‘excessive’

A father who was jailed for two years after being found guilty of abducting his 11-year-old son has failed in an appeal against conviction but had his sentence reduced to one of nine months’ imprisonment.

High Court of Justiciary 3 July 2015

Petition for judicial review of appointment of QC as child abuse inquiry chair refused

A legal challenge over the appointment of Susan O’Brien QC to chair an inquiry into historic child abuse in Scotland has been refused by a judge in the Court of Session.

Court of Session Outer House 2 July 2015

Criminal Appeal Court sets out test for granting leave where ground of appeal has already been refused at sift

The Criminal Appeal Court has issued an opinion setting out the test for the granting of an application under section 107(8) of the Criminal Procedure (Scotland) Act 1995, where leave to argue the ground of appeal has already been refused leave at the “sift”.

High Court of Justiciary 1 July 2015

Prisoner who claimed Scottish Ministers failed to provide opportunities for rehabilitation fails in damages bid

in the CARE programme amounted to or resulted from a breach by the respondents of their duties.

Court of Session Outer House 25 June 2015

Summary cause action against solicitors’ firm for delivery of files was not incompetent, Sheriff Principal rules

An action for delivery of files and documents can be raised in the sheriff court by way of summary cause procedure, a Sheriff Principal has ruled.

24 June 2015

Judge grants order for disclosure of flight data recorder from Super Puma helicopter involved in North Sea crash

Scotland’s chief law officer has been granted a court order to recover the combined voice and flight data recorder from a Super Puma helicopter which crashed into the North Sea in 2013 and killed four of the passengers on board.

Court of Session Outer House 22 June 2015

Solicitor’s £4.25m claim against Duke of Buccleuch over return of da Vinci painting dismissed

A solicitor who was seeking £4.25 million from the owner of a stolen Leonardo da Vinci painting after helping to secure its return has had his claim dismissed by a judge in the Court of Session.

19 June 2015

No evidence to show ‘dalek’ was dangerous - judge dismisses supermarket employee’s personal injury claim

A supermarket worker who fell off a “dalek” as she was hanging clothing on a rack has had an action for £14,000 damages dismissed by a judge in the Court of Session.

18 June 2015