Case archive



Breach of the peace conviction for ‘smiling and winking’ at schoolboy quashed

A man found guilty of a breach of the peace after smiling and winking at a 12-year-old on a bus and ...

Sheriff Appeal Court — 15 August 2018

Final extract of a decree does not render the court ‘functus’, judge rules

The centuries-old practice in Scots law of treating extracted decrees as final and bringing the cour ...

Court of Session Outer House — 14 August 2018

Murder conviction quashed over advocate depute’s ‘unfair’ speech to jury

A man found guilty of murder who claimed that he suffered a “miscarriage of justice” due ...

Criminal Appeal Court — 13 August 2018

Appeal Court upholds assault conviction over sheriff’s alleged ‘misdirection’ on identification evidence

A man found guilty of two charges of assault on two women despite the fact that the only witness to ...

High Court of Justiciary — 10 August 2018

Malaysian asylum-seeker granted leave to challenge decision to reject ‘fresh claim’ over fear of religious persecution

A Malaysian national seeking asylum in the UK who claimed that she was the victim of violence in her ...

Court of Session Inner House — 9 August 2018

Assault case dropped after sheriff upholds ‘oppression’ complaint against Crown 

Two men accused of assault who each took a plea in bar of trial after the Crown decided not to call ...

Sheriff Court — 8 August 2018

Man accused of making sexually offensive comments granted permission to elicit evidence of previous ‘light-hearted sexual discussions’ with complainers

Lawyers for a musician accused of making offensive or “inappropriate sexual comments” to ...

Sheriff Court — 7 August 2018

Children’s Hearing legislation read down to ensure participation test is ECHR-compliant

A teenage boy should be able to apply to participate in children’s hearings concerning his you ...

Court of Session Outer House — 3 August 2018

Father-of-two secures children’s return to Germany after mother ‘wrongfully retained’ them in Scotland

A Scottish mother-of-two living in Germany who left her German husband after having an affair with a ...

Court of Session Outer House — 2 August 2018

Case against women accused of ‘threatening and abusive behaviour’ dropped after police destroyed CCTV evidence

Two women accused of behaving in a “threatening or abusive manner likely to cause a reasonable ...

Sheriff Court — 1 August 2018

Asylum-seeker who feared religious persecution if returned to Nigeria successfully challenges decision to reject ‘fresh claim’

A Nigerian national whose application for asylum on the basis of her fear of persecution on account ...

Court of Session Outer House — 31 July 2018

Appeal Court exercises ‘dispensing power’ to overrule decision on invalidity of unsigned citation

A failure to sign a form of citation does not render service of a summons incurably valid and can be ...

Court of Session Inner House — 30 July 2018

Supreme Court: Legal permission no longer required to end care for patients in vegetative state

Legal permission will not be required to end care for patients who are in a long-term vegetative sta ...

UK Supreme Court — 30 July 2018

Child sex offender who claimed ‘mutual corroboration’ could not be applied to charges loses appeal against conviction

A man found guilty of historical child sex offences on the basis of the doctrine of “mutual co ...

High Court of Justiciary — 27 July 2018

Challenge to registration of croft rejected as applicant was not a person ‘aggrieved’

Appeal judges have upheld a Scottish Land Court ruling to dismiss an application seeking t ...

Court of Session Inner House — 27 July 2018