An appeal against an ouster clause preventing judicial review of a decision of the Investigatory Powers Tribunal (IPT) has succeeded in the Supreme Court, which allowed the appeal by a majority.
UK Supreme Court — 15 May 2019
Murderer’s appeal against conviction over judge’s ‘misdirection’ on diminished responsibility rejected
A man found guilty of murder after taking a cocktail of drink and drugs who claimed that he was suffering from “abnormality of mind” at the time of the killing has had an appeal against his conviction rejected.
Appeal Court of the High Court of Justiciary — 15 May 2019
A simple procedure claim cannot be combined with another action where the value exceeds £5,000, a sheriff has ruled.
Sheriff Court — 14 May 2019
Lord Advocate entitled to claim legal advice privilege over emails with in-house lawyers on Rangers proceeds of crime case, judge rules
Correspondence between a senior prosecutor and in-house lawyers at the Crown Office relating to proceeds of crime proceedings against a former administrator of Rangers Football Club “oldco” is protected by “legal advice privilege” and therefore exempt from disclosure, a judge has ruled. David Whitehouse, who is suing the Lord Advocate James Wolffe QC
Court of Session Outer House — 13 May 2019
A man found guilty of attempted rape who failed to lodge an appeal within the statutory time limits has had an application for an extension of time to challenge his conviction rejected.
Appeal Court of the High Court of Justiciary — 10 May 2019
Appeal judges reject single parent asylum seekers’ legal challenge over ‘mean spirited’ cuts to financial support
Two single parent asylum seekers who claimed that the reduction in the level of financial support available to them was “unlawful” have had their appeal rejected.
Court of Session Inner House — 9 May 2019
A man who was jailed for four years after pleading guilty to serious and violent assaults against his former partner has failed in an appeal to have his sentence reduced.
Appeal Court of the High Court of Justiciary — 8 May 2019
Extradition to Poland would not breach right to a fair trial despite ‘breakdown in rule of law’, sheriff rules
A Polish national convicted of a series of offences and accused of other crimes in his home country who claimed that extradition to Poland would breach his human rights has had his legal challenge dismissed in a test case.
Sheriff Court — 7 May 2019
A dog-owner who challenged a sheriff’s decision to order the destruction of her pet Bullmastiff after it attacked a passer-by and another dog has had her appeal dismissed.
Appeal Court of the High Court of Justiciary — 3 May 2019
A mother who was found guilty of assaulting two police officers who unlawfully entered her home and tried to detain her has successfully appealed against her conviction.
High Court of Justiciary — 2 May 2019
A carer who sued a local newspaper for defamation has had an appeal against a sheriff’s decision to dismiss the claim rejected.
Sheriff Appeal Court — 1 May 2019
A disgruntled litigant whose complaints against a Scots lawyer and a law firm were rejected as time-barred has had an appeal against the decision dismissed.
Court of Session Inner House — 30 April 2019
A man accused of the rape of woman while she was asleep who claimed that he had the consent of the complainer has had his appeal rejected.
High Court of Justiciary — 29 April 2019
Relatives of a shipbuilder who died from an asbestos-related condition have been granted a jury trial in their action for damages against the deceased’s former employers.
Court of Session Outer House — 25 April 2019
Evidence of non-penetrative sexual assault capable of providing ‘mutual corroboration’ of rape, appeal court rules
A man found guilty of rape who claimed that evidence of a charge of sexual assault could not provide “mutual corroboration” for the rape charge has had an appeal against his conviction rejected.
High Court of Justiciary — 24 April 2019