Case archive

Success fee payments agreed by Scots law firm with client and advocate ‘illegal and unenforceable’

It is understood that the firm will be seeking leave to appeal. The success fee provisions of an agreement between a Scottish law firm and its clients in a multi-million pound co

Court of Session Outer House 30 January 2020

Retired lawyer fails in nuisance claim over neighbours’ noisy toilet

A couple who sued their upstairs neighbours over the noise coming from a Saniflo toilet have had their “nuisance” claim dismissed by a court.

Sheriff Court 24 January 2020

Criminal Appeal Court clarifies application of ‘mutual corroboration’ in child sex abuse cases

Two men found guilty of child sexual offences on the basis of the principle of “mutual corroboration” who claimed that there were insufficient similarities between the offences to demonstrate a “course of conduct” have had their appeals against their convictions rejected.

Appeal Court of the High Court of Justiciary 29 January 2020

Stalking accused successfully challenges docket evidence of previous assault on complainer

A man accused of stalking has successfully challenged an attempt by prosecutors to lead evidence that he had previously assaulted one of the complainers. 

Sheriff Court 28 January 2020

Fishing association fails in legal challenge over ‘unfair’ compensation scheme for salmon catching ban

A Scottish fishing association which claimed that a continued prohibition on catching salmon in coastal waters and a compensation scheme introduced to support affected farmers were unlawful has had its legal challenge dismissed.

Court of Session Outer House 27 January 2020

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

Heroin dealer who claimed DNA evidence was ‘insufficient’ fails in appeal against conviction

A man found guilty of being concerned in the supply of heroin who claimed that DNA evidence linking him with the bags in which the drugs were found was insufficient for the jury to draw an inference of guilt has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 23 January 2020

Prisoner fails in £10,000 damages claim over alleged failure to provide rehabilitation

A prisoner who claimed that the prison authorities breached his human rights by failing to provide him with rehabilitation has had a claim for £10,000 damages dismissed.

Court of Session Outer House 22 January 2020

Man facing trial for sexual offences fails in appeal to lead evidence of ‘false allegations’

A man accused of sexual offences against his partner and son who was seeking to introduce evidence that the mother of their children had induced her sons to make false allegations against him and others has had his application rejected.

Appeal Court of the High Court of Justiciary 21 January 2020

Foreign student who fraudulently claimed £23,000 for course fees admonished after appeal court quashes custodial sentence 

A foreign student who pled guilty to fraud after falsely claiming she had indefinite leave to remain in order to obtain £23,000 in student funding to pay for a nursing course has successfully appealed against her 14-month prison sentence.

Appeal Court of the High Court of Justiciary 20 January 2020

Plumber awarded £540,000 damages after health board admits liability over treatment of arm injury

A plumber who injured his arm while playing football over 16 years ago has been awarded more than £540,000 in damages after a Scottish health board admitted liability over its “negligent diagnosis and treatment” of the injury.

Court of Session Outer House 17 January 2020

Shell granted interdict to ban Greenpeace protestors from Brent oil field rigs

An oil and gas company has been granted a court order to prohibit environmental campaigners from carrying out protests on four offshore installations in the North Sea.

Court of Session Outer House 16 January 2020

Court to consider fair hearing defence as woman sues stepfather’s estate over historical sex abuse allegations

A woman who claimed she was repeatedly raped by her late stepfather is suing the executor of his estate for damages in a landmark case.

Sheriff Court 15 January 2020

Rapist who claimed amended charge caused him ‘prejudice’ loses appeal against conviction

A man found guilty of the repeated rape of his former partner and her granddaughter on the basis of the doctrine of “mutual corroboration” has had an appeal against his conviction refused.

Appeal Court of the High Court of Justiciary 14 January 2020

Man acquitted of rape who skipped court for Ibiza wins appeal against sentence

A man acquitted of rape following a trial who was jailed for three years after being found guilty of a separate charge of failing to appear for a preliminary hearing of his case – because he had gone to Ibiza – has had his sentence reduced on appeal.

Appeal Court of the High Court of Justiciary 13 January 2020