Case archive

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

Police officer facing misconduct proceedings over sexual assault conviction loses legal claim for medical discharge

A police officer found guilty of sexual offences whose application to retire on the grounds of permanent disablement was refused by the Scottish Police Authority (SPA) has had a legal challenge against the decision dismissed.

Court of Session Outer House 11 July 2019

Crown entitled to use evidence from children’s hearing to prosecute alleged sex offender, but evidence held ‘inadmissible’ due to erroneous legal advice

A man accused of sexual offences against his daughter has successfully challenged an attempt by prosecutors to rely on his admissions to a children’s hearing as evidence to corroborate the charges in the criminal proceedings against him.

High Court of Justiciary 10 July 2019

Serial domestic abuser’s non-custodial sentence was ‘not unduly lenient’

A sheriff’s decision not to impose a custodial sentence on a father-of-three who was convicted of “significant and serious” domestic abuse offences after repeatedly assaulting his wife and two daughters over several years was not “unduly lenient”, appeal judges have ruled.

Appeal Court of the High Court of Justiciary 9 July 2019

Carer convicted of class A drugs offence wins appeal for non-custodial sentence

A man who pled guilty to being concerned in the supplying of cocaine after providing a “safe house” for a friend has successfully appealed against a sheriff’s decision to impose a custodial sentence.

Appeal Court of the High Court of Justiciary 8 July 2019

Army veteran with PTSD who raped former partners fails in appeal against sentence

A former member of the armed forces found guilty of the rape of two ex-partners has had an appeal against his sentence dismissed.

Appeal Court of the High Court of Justiciary 5 July 2019

Banker’s Court of Session damages appeal over failure of Court of Appeal to refer case to ECJ dismissed

A Singapore-based banker who raised an action for damages in Scotland following a refusal by the Court of Appeal in London to refer a question of EU law to the European Court of Justice, after his claim for unfair dismissal in the UK employment tribunal was rejected on the grounds that the tribunal lacked jurisdiction, has had an application for permission to appeal to the Court of Session dismissed.

Court of Session Inner House 4 July 2019

Cyclists win personal injury claims following accidents on Edinburgh tram lines

Two cyclists who fell from their bikes while crossing tram tracks in Edinburgh have been awarded undisclosed damages.

Court of Session Outer House 3 July 2019

Scottish solicitor fined £5,000 over delay in administering executry

A Scots lawyer who delayed administering the estate of a deceased client of his firm after having failed to make proper attempts to contact the beneficiary has been fined £5,000.

Scottish Solicitors Discipline Tribunal 2 July 2019

Right to privacy recognised in Scots common law for first time as judge dismisses action by police officers over private ‘WhatsApp’ messages

There is a right of privacy in the common law of Scotland, a Court of Session judge has ruled.

Court of Session Outer House 1 July 2019

Minimum unit pricing prevails as Supreme Court dismisses Scotch Whisky Association appeal

The Scotch Whisky Association’s appeal against the legality of Scotland’s minimum pricing regime has been unanimously dismissed by justices in the Supreme Court who found its enabling legislation does not breach EU law and that it is a proportionate means of achieving a legitimate aim.

15 November 2017

Upper Tribunal rules building can be demolished even with outstanding repair enforcement order

The Upper Tribunal for Scotland has ruled that the existence of a repairing standard enforcement order did not prevent a trust from having the requisite intention to demolish a building as per Schedule 5 of the Housing (Scotland) Act 1988.

Upper Tribunal for Scotland 28 June 2019

Upper Tribunal for Scotland rules homeowners cannot retrospectively acquire right to complain to property factor

The proprietors of a Glasgow flat who discovered that the property was in need of significant repairs following the date of entry, contrary to what the building’s property factor had told them, did not have a right to complain as they lacked title when the events occurred.

Upper Tribunal for Scotland 27 June 2019

Undue influence absent in woman's transfer of property to daughter and her husband

A woman who disponed her property to her daughter and her husband was unable to have the disposition reduced on the ground of undue influence as the four-part test was not satisfied in the circumstances of the case.

Court of Session Outer House 26 June 2019