Sunken tug boat owners ordered to pay £400,000 clean-up costs after judge dismisses damages claim against MoD
The owners of a tug boat who sued the Ministry of Defence for “negligence” after the vessel sank having been attached to an MoD buoy have had the damages claim dismissed and been ordered to pay the more than £400,000 for the cost of the clean-up operation.
Court of Session Outer House — 19 December 2018
Mid-trial admission of CCTV evidence did not lead to miscarriage of justice in knife assault case, appeal court rules
A man found guilty of attacking another man with a meat cleaver, who claimed that a sheriff was wrong to allow CCTV footage to be introduced as evidence after its existence only became apparent during the trial, has had an appeal against his conviction refused.
High Court of Justiciary — 17 December 2018
A woman who challenged a confiscation order imposed after her brother was convicted of drugs offences in an attempt to prevent the sale of a property in Edinburgh of which she claimed to be the “beneficial owner” has had her appeal rejected.
Court of Session Inner House — 14 December 2018
Supreme Court: Ministers' consent clause in Scottish ‘Brexit Bill’ ultra vires, though legislation largely competent
Section 17 of the Scottish ‘Brexit Bill’ – which requires Scottish Ministers’ consent to certain subordinate legislation – is ultra vires of the Scotland Act, which it would modify, though the bill is not entirely outwith the Scottish Parliament's legislative competence, justices in Supreme Court have ruled.
UK Supreme Court — 13 December 2018
Scot wanted by USA successfully challenges UK government’s ‘unlawful’ failure to provide ‘forum bar’ defence to extradition
A Scot wanted by the FBI over an alleged shares scam has successfully challenged a decision by the UK Government to delay the introduction of a possible defence to his extradition to the USA.
Court of Session Outer House — 13 December 2018
Tommy Sheridan is entitled to interest on the £200,000 damages he was awarded following his successful defamation action against the publishers of the News of the World, at the judicial rate of 8% per year from the date of the jury’s verdict in 2006 until the principal sum was paid in 2017, appeal judges have ruled.
Court of Session Inner House — 12 December 2018
No need for corroboration of absence of reasonable belief of consent in rape cases, appeal court rules
An absence of reasonable belief of consent, a key element of the statutory definition of rape, does not require to be proved by corroborated evidence and no direction on it is required unless it is a live issue at trial, the Criminal Appeal Court has ruled.
Criminal Appeal Court — 11 December 2018
Relatives of some of the victims of the Glasgow bin lorry crash who are suing Glasgow City Council for damages have been granted applications for their case against the local authority to proceed despite their claims being “time-barred”.
Court of Session Outer House — 10 December 2018
Community councils can be sued for damages for personal injuries, the Court of Session has ruled.
Court of Session Outer House — 7 December 2018
A man found guilty of attempting to kill a colleague following a post-work drinking session just days after they first met has had an appeal against his conviction rejected despite claiming he was acting in self-defence.
Criminal Appeal Court — 6 December 2018
A summary sheriff erred in ruling that a mother’s slap to the head of her four-year-old daughter was not likely to cause unnecessary suffering or injury to health so as to constitute an offence under the Children and Young Persons (Scotland) Act 1937.
Sheriff Appeal Court — 5 December 2018
A woman found guilty of assaulting another woman to her severe injury and permanent disfigurement by repeatedly punching and kicking her on the head and body after the jury deleted from the libel the words “and strike her head against vivarium and repeatedly strike her on the body with glass” has had an appeal against her conviction rejected.
Criminal Appeal Court — 4 December 2018
Half-sister of Clutha helicopter crash pilot refused permission to participate in fatal accident inquiry
The Sheriff Principal of Glasgow and Strathkelvin has published his reasons for refusing an application to participate in the fatal accident inquiry into the Clutha helicopter crash by the half-sister of the pilot who died in the disaster.
Sheriff Court — 30 November 2018
A sole practitioner who failed to pay counsel for work done in relation to a number of cases has been struck off the solicitors’ roll.
Scottish Solicitors Discipline Tribunal — 29 November 2018
A common law case brought by a woman who claims to have suffered “loss, injury and damage” as a result of medical treatment involving a vaginal mesh product will proceed to a full hearing despite the manufacturer’s attempts to have the action dismissed.
Court of Session Outer House — 28 November 2018