Case archive

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

Supreme Court orders UK government to comply with EU pollution directive

The UK Supreme Court has ordered the UK government to deal with the country's air pollution problem and publish a report on it by the end of this year.

UK Supreme Court 30 April 2015

Home Secretary wins appeal against Lord Ordinary’s decision on application for leave to remain

The Home Secretary has successfully challenged a Scottish judge’s decision that her refusal of a Pakistani national’s application for leave to remain in the UK was unlawful.

Court of Session Inner House 29 April 2015

Man found guilty of having indecent images of children fails in appeal but has extended sentence quashed

A man found guilty of exchanging sexually explicit mobile phone messages with a 13-year-old girl and having in his possession thousands of indecent images of children on his computers has failed in an appeal against conviction but successfully challenged the sentence imposed.

28 April 2015

Court’s ‘inherent power’ does not extend to granting ‘ad hoc’ rights of audience, Inner House rules

Counsel from other jurisdictions must join the Scottish Bar if they wish to appear in Scotland’s supreme courts, judges have ruled, in refusing an application from an English barrister seeking rights of audience.

Court of Session Inner House 27 April 2015

Client who claimed Scots legal firm ‘acted without authority’ in concluding missives sues lawyers

A client of a Scottish legal firm who failed to pay the purchase prices for three houses but claimed that solicitors “acted without his authority” in concluding the missives for the properties is suing the lawyers for nearly £200,000 after he settled an action brought against him by the developers.

Court of Session Outer House 24 April 2015

Upper Tribunal orders return of asylum seeker and son to UK after ‘unlawful’ removal to Nigeria

An asylum seeker who was deported to Nigeria with her five-year-old son will be returned to the UK after appeal judges ruled that the Home Secretary failed to consider the “best interests” of the child when ordering their removal.

23 April 2015

Highlands and Islands Airports’ £14m action against Shetlands Islands Council to go to full hearing

Highlands and Islands Airports has been granted a full hearing in its £14 million action for damages against Shetlands Islands Council over alleged “defects” in the local authority’s works to extend the runway at Sumburgh Airport.

22 April 2015

Pakistani man who married British woman wins human rights challenge over leave to remain

A Pakistani national who married a British woman but was refused leave to remain in the United Kingdom after his visa expired has successfully challenged that decision on human rights grounds.

Court of Session Inner House 21 April 2015

Former football club director’s action for repayment of loans refused

A former director of a Scottish Championship football team who loaned more than £200,000 to the club has failed in a legal action to recover the money.

20 April 2015

Celtic fans convicted of ‘offensive behaviour at football’ for singing ‘Roll of Honour’ fail in Article 7 ECHR appeal

Two Celtic supporters who claimed their human rights had been breached after they were convicted under legislation designed to tackle football-related sectarianism for singing a pro-IRA and INLA song during a match have lost their appeal.

High Court of Justiciary 16 April 2015

Drink-driver loses appeal against conviction following admission despite 'no independent corroboration' claim

A man who drove a seriously intoxicated woman to A&E where he told a nurse that he had also been drinking and taking drugs and admitted to police officers that he had driven to the hospital has lost an appeal against his conviction for drink-driving.

High Court of Justiciary 15 April 2015

Woman fined for using ‘racist phrase’ has sentence quashed after judges question prosecution and conviction

A woman who was fined £1,000 after being found guilty of a “racially aggravated offence” has had her sentence quashed after appeal judges said they had “difficulty” in comprehending why she was prosecuted in the first place.

High Court of Justiciary 14 April 2015

Divorced man’s payments to ex-wife could not be ‘ascribed’ to arrears of aliment, judge rules

A divorced father-of-two who was sequestrated after failing to meet his maintenance commitments towards his ex-wife and children has had a petition for suspension of a charge for payment and interdict refused.

Court of Session Outer House 13 April 2015