Case archive

Tenant’s appeal to recover £14,000 deposit from landlord rejected by Upper Tribunal

The Upper Tribunal for Scotland refused an appeal against a decision of the First-tier Tribunal for Scotland (Housing and Property Chamber), which had rejected the tenant’s claim after finding that he requested the arrangement.  ‘Pre-payment agreement’ Sheriff Nigel Ross heard that the appellant James Malloch was formerly a tenant of the respondent Bernisdale Homes Ltd in relation to a residential dwelling in Edinburgh. 

Upper Tribunal for Scotland 19 February 2020

Murder conviction quashed after amended charge resulted in ‘contradictory’ verdict

A man found guilty of murdering his friend after causing him to fall down a flight of stairs and repeatedly kicking and stamping on his head and body has successfully appealed against his conviction.

Appeal Court of the High Court of Justiciary 18 February 2020

Sheriff upholds prescription plea in dismissing homeowner’s ‘negligence’ claim against former lawyers

A homeowner who sued his former lawyers after they failed to advise him to include a survivorship clause when transferring the title of his property into the joint names of himself and his then fiancée, who later died and left her half-share to her children from a previous relationship, has had his claim dismissed.

Sheriff Court 17 February 2020

Legal challenge against council’s decision to demolish leisure centre fails

A property developer who claimed that a Scottish local authority’s decision to demolish a leisure centre was “unlawful” has had his legal challenge dismissed.

Court of Session Outer House 14 February 2020

Appeal against cannabis growing and supplying conviction refused despite sheriff’s ‘misdirection’ on concert 

The High Court of Justiciary Appeal Court held that the concept of “art and part guilt” had “no part to play” in establishing the statutory offence under section 4(3)(b) of the Misuse of Drugs Act 1971, but ruled that the misdirections did not result in a miscarriage of justice because the evidence against the appellant was “virtually irresistible”. The appellant had been sentenced to three-and-a-half years’ imprisonment on the production charge and six months on the supply charge, to be serviced consecutively, but the appeal judges ruled that the periods should run concurrently.  ‘Commercial cultivation’ Lord Malcolm, Lord Tur

Appeal Court of the High Court of Justiciary 13 February 2020

Scots lawyer censured over ‘derogatory and offensive’ emails to former client

A Scots lawyer who became embroiled in a “tense and heated” exchange of emails with a former client in which the solicitor said “what would you expect from a pig but a grunt” has been found guilty of “professional misconduct”.

Scottish Solicitors Discipline Tribunal 12 February 2020

Afghan student’s application for indefinite leave to remain dismissed, but judge calls on Home Office to reconsider

A student from Afghanistan who has lived in the UK for more than five years has had a legal challenge against a decision to refuse her application for indefinite leave to remain dismissed.

Court of Session Outer House 11 February 2020

Robber whose DNA was found on torch inside house fails in appeal against conviction 

A man who was found guilty of breaking into a dead person’s home and stealing a quantity of jewellery after his DNA was found on a torch which was left in the property has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 10 February 2020

Scots lawyer who tweeted ‘sectarian’ comments about Orange Walks fined £6,000

A Scots lawyer who published a series of comments on social media referring to Orange Walks in “discriminatory, sectarian, derogatory, and offensive” terms has been fined £6,000.

Scottish Solicitors Discipline Tribunal 7 February 2020

Woman’s ‘unjustified enrichment’ appeal against former partner over half-share of house dismissed 

A woman who sued her former partner for more than £40,000 following the sale of their jointly owned home, claiming that he had agreed not to take his share of the property if their relationship ended, has had her “unjustified enrichment” action rejected by appeal judges.

Court of Session Inner House 6 February 2020

UK Supreme Court: NI Attorney General’s application to refer 'devolution issue' refused

The Supreme Court has refused to accept an application from the Attorney General for Northern Ireland to refer what he said was a “devolution issue” under the Northern Ireland Act 1998.

UK Supreme Court 5 February 2020

Family of death by dangerous driving victim granted civil jury trial in damages claim

The family of a woman who was killed in a road traffic accident have been granted a jury trial in a civil action against the motorist who was found guilty of causing her death by dangerous driving.

Court of Session Inner House 5 February 2020

Prisoner’s petition for judicial review over ‘unlawful’ opening of mail dismissed as ‘incompetent’

A prisoner who claimed that prison authorities breached his human rights by opening a letter addressed to him has had his petition for judicial review dismissed as “incompetent”.

Court of Session Outer House 4 February 2020

Scots lawyer who acted in mortgage fraud case struck off over failure to act in client’s best interests

A Scots lawyer who represented an elderly victim of a mortgage fraudster has been struck off the solicitors’ roll after being found guilty of “professional misconduct” over his failure to act his client’s best interests.

Scottish Solicitors Discipline Tribunal 3 February 2020

Right-wing extremist fails in appeal against two-year sentence for downloading terrorist manuals

A right-wing extremist convicted of downloading “sinister, violent and disturbing” terrorist material has had an appeal against his prison sentence dismissed.

Appeal Court of the High Court of Justiciary 31 January 2020