Case archive

Turkish national seeking leave to remain in the UK has petition for judicial review dismissed

A Turkish national who was refused leave to remain in the UK despite claiming that he had established a family and private life has had a petition for judicial review of the decision dismissed by a judge in the Court of Session.

Court of Session Outer House 10 February 2015

Mineworkers’ union member fails in Employment Appeal Tribunal challenge to election of president

A miners’ union member who claimed that the successful candidate for election as president was “ineligible to stand” has failed in an appeal.

UK Employment Appeal Tribunal 9 February 2015

Supreme Court unanimously dismisses challenge to Shetland windfarm plans

The UK Supreme Court has unanimously dismissed the appeal of a campaign group challenging consent to build a windfarm on Shetland granted in 2012.

9 February 2015

State immunity from employment rights proceedings ‘incompatible with ECHR’

Legislation which gives foreign states “blanket immunity” from the jurisdiction of the courts of the UK in respect of employment disputes concerning embassy staff breaches human rights law, appeal judges have ruled.

England and Wales Court of Appeal 9 February 2015

Murderers’ ‘no reasonable jury’ appeals against conviction refused

Two men who were sentenced to life imprisonment for murder have failed in their appeals against conviction after the Criminal Appeal Court dismissed their claims that no reasonable jury properly directed could have returned guilty verdicts.

High Court of Justiciary 5 February 2015

Radio presenter wins appeal over liability for legal fees as company director could not bind fellow directors

A company director who was sued for more than £3,000 in professional fees by a law firm which was instructed by another director to act on the company’s behalf in a legal dispute has won an appeal after a court ruled he was not liable to pay the sum sued for.

3 February 2015

Appeal by landlords against threefold payment of deposit refused

An appeal by two landlords against a decision requiring them to pay a tenant thrice the deposit for a lease which they failed to timeously repay has been refused by judges in the Court of Session.

3 February 2015

Unhappy client cannot re-raise damages action against former solicitors after lawyer settled claim on his behalf

A disgruntled client who sued his former solicitors for damages but learned that a lawyer acting on his behalf had settled the action without his authority has failed in an appeal against a decision to absolve his former solicitors from further proceedings.

Court of Session Inner House 23 January 2015

‘White van man’ found guilty of breach of the peace charges fails in appeal against conviction

A “white van man” found guilty of three charges of breach of the peace after repeatedly staring at children in public places and attempting to lure a young boy into his vehicle has failed in appeal against conviction.

22 January 2015

Airline fails in appeal to ECJ over Commission decision in airport authority case

The European Court of Justice (ECJ) has held that the European Commission acted correctly in rejecting a complaint brought by an airline against  a competition authority’s handling of its case against an airport authority over alleged abuse of a dominant position in the internal market.

European Court of Justice 21 January 2015

Council’s application for authority to sell ground forming part of the common good‏ refused

A Scottish local authority has had an application for authority to sell ground forming part of the common good to a furniture company refused after a sheriff ruled that the loss of amenity to the local community would not be offset by the proceeds of the sale being invested in the common good fund.

Sheriff Court 20 January 2015

Pub which lost licence after drug use incidents fails in appeal against revocation

The owners of a pub which had its licence revoked following several incidents of illegal drug use and public disorder have lost an appeal against the decision.

Court of Session Inner House 19 January 2015

Chef who claimed he was injured at work fails in damages claim

A chef who was injured when a wardrobe pole fell on him while he was staying in a lodge provided by his employers at a holiday park where he worked has had an action for damages refused.

Court of Session Inner House 15 January 2015

Inner House issues ruling in dispute over land occupied by non-owner

The Inner House of the Court of Session has published a judgment in a case which raised the issue of the extent to which a pursuer requires to establish his own title to land in circumstances where a defender whom he is trying to remove does not have any title but avers that the land may be owned by a third party.

Court of Session Inner House 14 January 2015

Criminal Appeal Court ‘unable to criticise’ 20-year punishment part imposed for murder

A man who was sentenced to 20 years imprisonment after being found guilty of murder has failed in an appeal against sentence.

Appeal Court of the High Court of Justiciary 13 January 2015