Case archive

Patient at psychiatric clinic who sought to challenge detention has judicial review petition dismissed

A patient at a psychiatric treatment facility who sought judicial review over the failure by the Scottish Government to draft and lay regulations to allow him to challenge the level of security of his detention has had his petition dismissed.

22 May 2015

Man who sought to publish book against wishes of ex-wife wins case at UK Supreme Court

A man who sought to a publish a book detailing the his life including details of severe physical and sexual abuse but whose first wife opposed its publication on the basis it would cause psychological harm to their child has won his appeal at the UK Supreme Court.

21 May 2015

Alleged drink-driver fails in bid to have case thrown out over court delays

A man charged with a number of contraventions of the Road Traffic Act 1988, including drink-driving and driving while disqualified, has failed in a bid to have the case against him dismissed over the delay in bringing him to trial.

21 May 2015

Christian-run bakery ‘unlawfully discriminated’ against gay man for refusing to make ‘gay cake’

The Christian directors of a bakery “unlawfully discriminated” against a gay man in refusing to accept his order for a “Bert and Ernie” cake bearing a caption supporting same-sex marriage.

20 May 2015

Prisoner to be awarded damages for use of ‘disproportionate’ restraint by G4S during hospital visits

A prisoner who claimed the restraint used by security officers to take him from jail to attend hospital appointments was “disproportionate” is to be awarded damages after a sheriff ruled the inmate’s human rights had been breached.

19 May 2015

Inner House dismisses appeal against windfarm application refusal

A company whose application for planning permission to develop a windfarm was refused has failed in an appeal against that decision.

Court of Session Inner House 18 May 2015

Criminal Appeal Court clarifies when a judge can reject plea in mitigation given without supporting evidence

The Criminal Appeal Court has issued an opinion clarifying the circumstances in which a sheriff can decline to accept the basis of a plea in mitigation in the absence of proof.

14 May 2015

Prison officer fails in damages claim for injury sustained during riot training exercise

A prison officer who was injured while taking part in a riot training exercise has had an action for damages refused.

13 May 2015

NHS 24 sues company over call handling software contract dispute

NHS 24 is suing a software company following a contractual dispute over the terms of an agreement to install a new computerised system for handling calls.

12 May 2015

Schoolboy hit by bus awarded £8000 damages after judge rules driver was ‘negligent’

A schoolboy who was hit by a bus while “larking about” with friends on the pavement as the vehicle approached a stop has been awarded damages of £8,000.

Court of Session Outer House 11 May 2015

Man injured by falling ice fails in damages action against Scottish Fire and Rescue Service

A man who sued the fire service after he was injured when ice and guttering fell from the roof of a neighbour’s house as he was walking home has had his damages action dismissed by a judge in the Court of Session.

Court of Session Outer House 8 May 2015

Scotch whisky producer wins appeal to register ‘Jura Origin’ as a trade mark

A Scotch whisky producer has won an appeal to register the words “Jura Origin” as a trade mark in respect of whiskies produced in Scotland.

England and Wales High Court 7 May 2015

Father fails in appeal against refusal of contact with child despite sheriff’s ‘out of date’ decision

A father whose attempt to secure parental rights and responsibilities together with contact with his child was refused by a sheriff has failed in appeal despite claiming that the 10 months which passed between the case being taken to avizandum and the judgement being issued meant that the decision was “out of date”.

6 May 2015

Man facing extradition has application for disclosure and recovery of documents refused

A Glasgow man who is facing extradition to the United States to face $2.7 million fraud charges has had an application to recover all correspondence relating to his case between the Scottish Ministers’ Civil Recovery Unit and the US prosecution authorities refused.

5 May 2015

ECtHR rules article 6 right of dismissed Republic of Macedonia judge violated by biased court

The European Court of Human Rights (ECtHR) has unanimously ruled that a court in the Republic of Macedonia violated the European Convention on Human Rights (ECHR) article 6 right to a fair trial of a judge whom it dismissed from office on the grounds of professional misconduct after another judge acted contrary to the doctrine nemo iudex in sua causa.

European Court of Human Rights 1 May 2015