Case archive

Indian overstayer successfully challenges decision to reject leave to remain application

An Indian man whose application for leave to remain in the UK based on his marriage to a British woman was refused has successfully challenged the decision.

Court of Session Outer House 26 July 2019

Revenue Scotland fails in appeal against decision to quash penalties for LBTT late return

Penalties imposed by Revenue Scotland (RS) over the late filing of a land and buildings transaction tax (LBTT) return have been quashed after the tax agency failed to produce evidence that it had taken a decision to impose the penalties, as required by legislation.

Upper Tribunal for Scotland 25 July 2019

Judge dismisses long-term prisoner’s legal challenge over failure to allow maximum 180-day home detention curfew

A long-term prisoner who claimed that the prison authorities acted “unlawfully” in failing to progress his application for home detention curfew has had his legal challenge dismissed.

Court of Session Outer House 24 July 2019

French national’s legal challenge against refusal of homelessness assistance dismissed

A French national whose application for homelessness assistance was rejected by a Scottish local authority has had a petition for judicial review of the decision dismissed.

Court of Session Outer House 23 July 2019

Teacher’s damages claim for ‘psychiatric injury’ after being ‘excluded’ from school dismissed

A teacher who was “excluded” from a school after raising a personal injury action against a Scottish local authority following a fall at work, and then sought damages for a “depressive illness” he sustained as a result, has had his claim for “psychiatric injury” dismissed.

Sheriff Court 22 July 2019

Rapist who claimed rubbing woman’s leg could not corroborate rape of another woman loses appeal against conviction

A man found guilty of rape and sexual assault who claimed that the two offences were too dissimilar for the doctrine of “mutual corroboration” to apply has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 19 July 2019

Work and Pensions Secretary prevails in PIP appeal at Supreme Court

An appeal by the Secretary of State for Work and Pensions over a detail of a personal independence payment (PIP) claim has succeeded as justices in the Supreme Court overturned a judgment of the Inner House of the Court of Session.

UK Supreme Court 18 July 2019

‘Legal highs’ dealer wins appeal against sentence after SCCRC referral

A man who was jailed for four-and-a-half years for selling so-called “legal highs” has had his sentence reduced following an appeal.

Appeal Court of the High Court of Justiciary 18 July 2019

Knife attacker’s appeal against conviction rejected in ‘googling juror’ case

A man found guilty of assault with a knife who claimed he suffered a “miscarriage of justice” after it emerged that a juror had “googled” his name and discovered a previous conviction for assault has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 17 July 2019

Hibs fan jailed for confronting Rangers footballer has appeal against custodial sentence dismissed

A Hibernian fan who was jailed for confronting Rangers captain James Tavernier during a match has failed in an appeal to have his custodial term quashed.

Sheriff Appeal Court 16 July 2019

Cannabis ‘gardener’ who claimed he was human trafficking victim fails in appeal against sentence 

A Vietnamese man who was jailed for three years after admitting being involved in a cannabis growing operation has had an appeal against his sentence rejected.

Appeal Court of the High Court of Justiciary 15 July 2019

Punishment parts imposed on teenage murderers were ‘excessive’, appeal court rules

Two teenagers convicted of murder have had the punishments parts of their life sentences reduced following an appeal.

Appeal Court of the High Court of Justiciary 12 July 2019

Police officer facing misconduct proceedings over sexual assault conviction loses legal claim for medical discharge

A police officer found guilty of sexual offences whose application to retire on the grounds of permanent disablement was refused by the Scottish Police Authority (SPA) has had a legal challenge against the decision dismissed.

Court of Session Outer House 11 July 2019

Crown entitled to use evidence from children’s hearing to prosecute alleged sex offender, but evidence held ‘inadmissible’ due to erroneous legal advice

A man accused of sexual offences against his daughter has successfully challenged an attempt by prosecutors to rely on his admissions to a children’s hearing as evidence to corroborate the charges in the criminal proceedings against him.

High Court of Justiciary 10 July 2019

Serial domestic abuser’s non-custodial sentence was ‘not unduly lenient’

A sheriff’s decision not to impose a custodial sentence on a father-of-three who was convicted of “significant and serious” domestic abuse offences after repeatedly assaulting his wife and two daughters over several years was not “unduly lenient”, appeal judges have ruled.

Appeal Court of the High Court of Justiciary 9 July 2019