Case archive

Electoral Commission wins appeal on interpretation of ‘expenses incurred’ by Vote Leave

A legal challenge against a decision by the statutory body responsible for overseeing elections and referendums in the United Kingdom not to open an investigation into the spending by the official Vote Leave campaign in connection with the Brexit vote has been dismissed following an appeal.

England and Wales Court of Appeal 23 September 2019

Solicitor relieved of failure to comply with court rules on time-limit for appealing Pensions Ombudsman’s decision

A lawyer who was seeking to challenge a decision by the Pensions Ombudsman to reject a complaint against a trustee over its handling of a sale of properties has been granted permission to bring an appeal despite missing the deadline by more than four months.

Court of Session Inner House 20 September 2019

‘Openly gay’ asylum seeker’s fresh claim to remain in UK due to ‘risk of persecution’ in Zimbabwe dismissed

A Zimbabwean asylum seeker whose human rights claim to remain in the UK was refused by the Home Secretary has had an application for judicial review of a decision that he had not made a fresh claim to remain in the country dismissed.

Court of Session Outer House 19 September 2019

Appeal against employment judge’s decision to substitute reasons for dismissal rejected

An engineer who raised an unfair dismissal claim against her former employer after she was sacked for refusing to work with a key contractor has lost an appeal against an Employment Tribunal’s decision to relabel the reason for dismissal and reduce the award payable to her.

Court of Session Inner House 18 September 2019

First Division of Court of Session reaffirms notion of equivalent rights in allowing appeal on interpretation of collateral warranties

A contractor which was sued by a bank over its alleged “defective design and construction” of a retail development car park which flooded has successfully appealed against a judge’s decision that the claim against it was not time-barred because the action had been raised within five years of the parties signing a collateral warranty.

Court of Session Inner House 17 September 2019

Appeal against ‘intent to rape’ conviction over sheriff’s ‘prejudicial misdirection’ dismissed

A man found guilty of sexual assault with intent to rape who claimed that the sheriff’s directions to the jury were “prejudicial” has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 16 September 2019

Prorogation ‘unlawful’ because power was used for ‘improper purpose’ of ‘stymying parliament’

The Prime Minister’s advice to HM The Queen that parliamentary business at Westminster should be suspended for five weeks in the run up to “Brexit” undermined a “central pillar” of the constitution that the Government was accountable to Parliament.

Court of Session Inner House 13 September 2019

High Court in London issues full reasons for rejecting legal challenge against prorogation of Parliament

The High Court in London has issued its full reasons for rejecting a legal challenge against the decision to suspend business in the UK Parliament for five weeks in the run-up to “Brexit”.

England and Wales High Court 12 September 2019

Prime Minister’s advice to the Queen to prorogue Parliament was ‘unlawful’

The Prime Minister’s advice to HM the Queen that the United Kingdom Parliament should be prorogued for five weeks in the run up to “Brexit” was “unlawful”, the Inner House of the Court of Session has ruled in a judgment whose full version will be published on Friday 13 September.

Court of Session Inner House 11 September 2019

Alesha MacPhail killer Aaron Campbell succeeds in appeal to have ‘excessive’ punishment part reduced

A teenager found guilty of the rape and murder of a six-year-old girl has had the punishment part of his life sentence reduced following an appeal.

Appeal Court of the High Court of Justiciary 10 September 2019

Man found guilty of gangland ‘execution’ loses legal bid to amend grounds of appeal

A man found guilty of a Glasgow gangland murder has had an application to amend the grounds of his appeal against his conviction refused.

Appeal Court of the High Court of Justiciary 9 September 2019

Prison officer sacked for racist Facebook comments fails in ‘unfair dismissal’ claim

A prison officer who was sacked for “gross misconduct” after posting “inappropriate and offensive” comments about Muslims on his Facebook page has had an “unfair dismissal” claim rejected.

Employment Tribunal (Scotland) 3 September 2019

Compensation awards for criminal acts should not be discounted for guilty plea, Sheriff Appeal Court rules

A man who was required to pay a total of £6,000 in compensation after shouting sectarian abuse at two police officers during a drunken struggle and spitting at a paramedic has had an appeal against what he claimed was an “excessive” amount rejected.

Sheriff Appeal Court 5 September 2019

Prime Minister’s advice to Queen to prorogue Parliament ‘not unlawful’, judge rules

A legal challenge by a cross-party group of parliamentarians against the proposed suspension of the UK Parliament ahead of “Brexit day” has been dismissed.

Court of Session Outer House 4 September 2019

Motorist who claimed speeding prosecution notice signed by former police chief was ‘invalid’ loses appeal

A motorist accused of speeding who claimed that the notice of intended prosecution he received was “invalid” because it bore an electronic signature of the former chief constable has had his appeal dismissed.

Appeal Court of the High Court of Justiciary 2 September 2019