Case archive

Outer House rejects Crown defence to malicious prosecution suit

A judge in the Outer House of the Court of Session has rejected a defence pled by the Crown in response to an action for damages for wrongful and malicious prosecution brought by a man who was unsuccessfully prosecuted for fraud for his role in the acquisition of Rangers FC by Craig Whyte in 2011 prior to the club entering administration.

Court of Session Outer House 18 February 2021

Kirkcaldy man loses appeal by stated case against leisure centre car crash conviction 

A man who crashed his van into another vehicle in a leisure centre car park in Kirkcaldy has had his appeal by stated case refused by the Sheriff Appeal Court (Criminal Division). 

Sheriff Appeal Court 17 February 2021

Inner House upholds decision to allow petition for rectification of parking rights deed to proceed to proof

The Inner House of the Court of Session has refused a reclaiming motion challenging a decision to allow a petition for rectification of a Deed of Conditions relating to a parking garage in Edinburgh to proceed to a proof.

Court of Session Inner House 16 February 2021

High Court of Justiciary quashes man’s kebab restaurant sexual assault conviction

A man who was convicted of sexually assaulting a woman in a takeaway kebab restaurant in Glasgow has had his conviction quashed on appeal by the Appeal Court of the High Court of Justiciary.

Appeal Court of the High Court of Justiciary 15 February 2021

Sheriff Appeal Court refuses appeal by convicted drug supplier against eviction from social tenancy 

A social rented sector tenant who was evicted from his property after pleading guilty to a drugs supply charge has had his appeal against recovery of possession refused by the Civil Division of the Sheriff Appeal Court. 

Sheriff Appeal Court 11 February 2021

Former tenant with learning difficulties has rent arrears application remitted to First-tier Tribunal 

The Inner House of the Court of Session has allowed an appeal by a former tenant with severe learning difficulties against a payment order for rent arrears made against her and remitted her case back to the First-tier Tribunal Housing and Property Chamber. 

Court of Session Inner House 10 February 2021

English judge orders removal of negative online review of law firm following defamation claim

An English judge has ordered that a negative Trustpilot review posted by a dissatisfied former client of a solicitor firm be removed from the website after rejecting his defences to the claim.

England and Wales High Court 9 February 2021

‘Hypothetical’ indyref2 case rebuffed in Outer House

The Outer House of the Court of Session has refused to grant declarator to the effect that the Scottish Parliament should be able to legislate for a second referendum on Scottish independence without the consent of Westminster, calling the action “hypothetical, academic, and premature”.

Court of Session Outer House 8 February 2021

Crown sentence appeals founded on use of English driving offence guidelines refused by High Court

Two separate Crown appeals against what it considered unduly lenient sentences handed to two men convicted of dangerous driving charges have been rejected by the Appeal Court of the High Court of Justiciary.

Appeal Court of the High Court of Justiciary 5 February 2021

Oxford don awarded nearly £1m in damages after law firm negligently drafted property trust agreement

A judge in the High Court of England and Wales has awarded an Oxford professor over £985,000 in damages after successfully establishing that the law firm that drew up the trust agreement governing his late mother’s estate had negligently failed to provide a veto over a proposed sale to the trustees. 

England and Wales Court of Appeal 4 February 2021

Cumbernauld man who stabbed upstairs neighbour in doorway loses appeal against attempted murder conviction

The Appeal Court of the High Court of Justiciary has refused the appeal against conviction of a man who was charged with attempted murder after stabbing his upstairs neighbour in the chest at the doorway of his home.

Court of Session Inner House 3 February 2021

Prisoner serving life sentence fails to obtain judicial review of decision not to move him to lower security prison

A prisoner serving a life sentence in HMP Edinburgh who sought a judicial review of the failure of the prison authorities to progress him through the route to parole by moving him to a less secure facility has had his petition refused.

Court of Session Outer House 2 February 2021

New Lanark Trust-owned businesses’ charitable status upheld by Inner House

Two appeals by the Office of the Scottish Charity Regulator against the Upper Tribunal for Scotland’s decision to allow two companies to be entered on the register of charities has been refused by the Inner House of the Court of Session.

Court of Session Inner House 1 February 2021

Inner House dismisses consumer protection appeal by man fitted with hip replacement

A man who received a total hip replacement that he alleged was defective has had his appeal against the dismissal of his case refused by the Inner House of the Court of Session.

Court of Session Inner House 28 January 2021

Man who sent Scottish Legal Complaints Commission abusive email refused leave to appeal against refusal of complaint

A man has been refused permission to appeal against a decision of the Scottish Legal Complaints Commission that a firm of solicitors he instructed to wind up his deceased father’s estate had not failed to communicate effectively with him about the fact they had not received a death certificate and should not have their fees reduced as a consequence.

Court of Session Inner House 29 January 2021