Case archive

OLR prisoner’s judicial review petition challenging parole board release refusal decision fails

A prisoner who was sentenced to an Order for Lifelong Restriction in September 2008 and was refused release by a tribunal of the Parole Board for Scotland has been unsuccessful in petitioning for a judicial review of its decision.

Court of Session Outer House 31 March 2021

Full High Court bench finds nobile officium petition by rape complainer competent

A Full Bench of the Appeal Court of the High Court of Justiciary has determined that a nobile officium petition made by a complainer in a rape case after she was not notified of an application by the accused to lead evidence of their sexual history is competent under the doctrine. 

Appeal Court of the High Court of Justiciary 24 March 2021

Former UK ambassador held in contempt of court for Salmond case publications

A “new media” journalist who observed part of the trial diet in the prosecution of former First Minister Alex Salmond for various sexual offences has been found by the High Court of Justiciary to be in contempt of court for disclosing information that could lead to the identification of the complainers.

High Court of Justiciary 30 March 2021

Supreme Court holds Asda warehouse workers can be valid equal pay comparator for shop workers 

The UK Supreme Court has determined that the predominantly female retail employees of a major supermarket are able to use the employment contracts of predominantly male depot employees as a valid comparison in their equal pay claim. 

UK Supreme Court 29 March 2021

Outer House judge finds closure of Scottish churches disproportionate interference with human rights

A judicial review petition by 27 religious leaders in Scotland challenging the legitimacy of the Scottish Ministers’ decision to close places of worship in January 2021 has succeeded in the Outer House of the Court of Session. 

Court of Session Outer House 26 March 2021

Challenge to definition of 'woman' in public boards legislation rejected by Outer House

A petition for judicial review of the legislative competence of parts of the Gender Representation on Public Boards (Scotland) Act 2018 brought by a private company has been rejected by a judge in the Outer House of the Court of Session.

Court of Session Outer House 25 March 2021

Outer House judge finds Edinburgh harbour developers not entitled to reconveyance of tram route from city council

A property development firm has failed to establish that it was entitled to a reconveyance of a tram line route sold to its predecessors in title that was subsequently re-acquired by the local authority that originally sold it under a compulsory purchase order.

Court of Session Outer House 23 March 2021

Man ordered to return television to neighbour wins appeal challenging sheriff’s unless order

The Civil Division of the Sheriff Appeal Court has remitted a claim made under Simple Procedure rules for the return of a television to its original owner back to the sheriff after it was ruled that he was not entitled to determine that its prospective purchaser had failed to comply with an unless order requiring him to respond to the claimant's assertions.

Sheriff Appeal Court 22 March 2021

High Court rules Crown entitled to libel English guilty plea in Scottish sexual assault trial

A Crown appeal concerning whether it was entitled to libel in a docket the occurrence of an accused’s sexual assault conviction in another jurisdiction has been allowed by the Appeal Court of the High Court of Justiciary.

Appeal Court of the High Court of Justiciary 19 March 2021

Edinburgh woman whose ex-partner forged signature on standard security succeeds in action for reduction

A woman whose ex-partner forged her signature on a standard security over her home in Edinburgh has successfully had the document reduced by Edinburgh Sheriff Court.

Sheriff Court 18 March 2021

High Court of Justiciary restores convictions of three men who wore IRA shirts to Celtic match

A Crown appeal against the Sheriff Appeal Court’s decision to quash the convictions of three men who wore allegedly offensive T-shirts to a football match between Celtic FC and Linfield FC has succeeded in the High Court of Justiciary.

Appeal Court of the High Court of Justiciary 17 March 2021

Sheriff orders discharge of Albanian man wanted in Italy in connection with attempted murder conviction 

A sheriff has ordered the discharge under the Extradition Act 2003 of an Albanian national who had a European Arrest Warrant issued against him after he failed to attend a trial for attempted murder in Italy. 

Sheriff Court 16 March 2021

Crown appeal against lenient sentence of man who sexually assaulted niece upheld

An appeal by the Crown to the High Court of Justiciary against the sentencing of a man convicted of statutory sexual offences involving his niece, a child under the age of 13, has succeeded.

Appeal Court of the High Court of Justiciary 15 March 2021

Outer House judge refuses to overturn expulsion of three members from historic Aberdeen porters’ society

A judge in the Outer House of the Court of Session has ruled that three former members of a centuries-old Aberdeen association who were expelled for an alleged rule breach were not immune to expulsion by virtue of a change in their membership status.

Court of Session Outer House 12 March 2021

Glasgow sheriff makes forced marriage protection order in respect of Indian student who fled to Scotland

A sheriff in Glasgow has made an order under the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 in order to prevent the parents of an Indian student studying in the UK from attempting to force her into a marriage.

Sheriff Court 11 March 2021