Case archive

Crofting couple’s damages claim for neighbours’ bull’s impregnation of pedigree cow dismissed

A Hebridean crofting couple who raised an action for damages after a neighbours’ bull strayed onto their land and impregnated their pedigree cow have had their claim dismissed.

Sheriff Court 31 July 2019

Homeowner wins appeal over bank’s ‘invalid service’ of calling-up notice on property

A homeowner who was unable to maintain his monthly mortgage payments has successfully challenged his lender’s bid to repossess the property after appealing against a sheriff’s decision that the bank had validly served a calling-up notice.

Sheriff Appeal Court 30 July 2019

UK Supreme Court dismisses HMRC appeal on VAT repayment for EU farm subsidy purchase

A Scottish farming business is entitled to repayment of VAT paid in purchasing entitlements to an EU farm subsidy, the UK Supreme Court has ruled.

UK Supreme Court 29 July 2019

Indian overstayer successfully challenges decision to reject leave to remain application

An Indian man whose application for leave to remain in the UK based on his marriage to a British woman was refused has successfully challenged the decision.

Court of Session Outer House 26 July 2019

Revenue Scotland fails in appeal against decision to quash penalties for LBTT late return

Penalties imposed by Revenue Scotland (RS) over the late filing of a land and buildings transaction tax (LBTT) return have been quashed after the tax agency failed to produce evidence that it had taken a decision to impose the penalties, as required by legislation.

Upper Tribunal for Scotland 25 July 2019

Judge dismisses long-term prisoner’s legal challenge over failure to allow maximum 180-day home detention curfew

A long-term prisoner who claimed that the prison authorities acted “unlawfully” in failing to progress his application for home detention curfew has had his legal challenge dismissed.

Court of Session Outer House 24 July 2019

French national’s legal challenge against refusal of homelessness assistance dismissed

A French national whose application for homelessness assistance was rejected by a Scottish local authority has had a petition for judicial review of the decision dismissed.

Court of Session Outer House 23 July 2019

Teacher’s damages claim for ‘psychiatric injury’ after being ‘excluded’ from school dismissed

A teacher who was “excluded” from a school after raising a personal injury action against a Scottish local authority following a fall at work, and then sought damages for a “depressive illness” he sustained as a result, has had his claim for “psychiatric injury” dismissed.

Sheriff Court 22 July 2019

Rapist who claimed rubbing woman’s leg could not corroborate rape of another woman loses appeal against conviction

A man found guilty of rape and sexual assault who claimed that the two offences were too dissimilar for the doctrine of “mutual corroboration” to apply has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 19 July 2019

Work and Pensions Secretary prevails in PIP appeal at Supreme Court

An appeal by the Secretary of State for Work and Pensions over a detail of a personal independence payment (PIP) claim has succeeded as justices in the Supreme Court overturned a judgment of the Inner House of the Court of Session.

UK Supreme Court 18 July 2019

‘Legal highs’ dealer wins appeal against sentence after SCCRC referral

A man who was jailed for four-and-a-half years for selling so-called “legal highs” has had his sentence reduced following an appeal.

Appeal Court of the High Court of Justiciary 18 July 2019

Knife attacker’s appeal against conviction rejected in ‘googling juror’ case

A man found guilty of assault with a knife who claimed he suffered a “miscarriage of justice” after it emerged that a juror had “googled” his name and discovered a previous conviction for assault has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 17 July 2019

Hibs fan jailed for confronting Rangers footballer has appeal against custodial sentence dismissed

A Hibernian fan who was jailed for confronting Rangers captain James Tavernier during a match has failed in an appeal to have his custodial term quashed.

Sheriff Appeal Court 16 July 2019

Cannabis ‘gardener’ who claimed he was human trafficking victim fails in appeal against sentence 

A Vietnamese man who was jailed for three years after admitting being involved in a cannabis growing operation has had an appeal against his sentence rejected.

Appeal Court of the High Court of Justiciary 15 July 2019

Punishment parts imposed on teenage murderers were ‘excessive’, appeal court rules

Two teenagers convicted of murder have had the punishments parts of their life sentences reduced following an appeal.

Appeal Court of the High Court of Justiciary 12 July 2019