Case archive

Murderer’s appeal against conviction over judge’s ‘misdirection’ on diminished responsibility rejected

A man found guilty of murder after taking a cocktail of drink and drugs who claimed that he was suffering from “abnormality of mind” at the time of the killing has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 15 May 2019

Simple procedure claim for delivery of £30,000 car dismissed as ‘incompetent’

A simple procedure claim cannot be combined with another action where the value exceeds £5,000, a sheriff has ruled.

Sheriff Court 14 May 2019

Lord Advocate entitled to claim legal advice privilege over emails with in-house lawyers on Rangers proceeds of crime case, judge rules 

Correspondence between a senior prosecutor and in-house lawyers at the Crown Office relating to proceeds of crime proceedings against a former administrator of Rangers Football Club “oldco” is protected by “legal advice privilege” and therefore exempt from disclosure, a judge has ruled. David Whitehouse, who is suing the Lord Advocate James Wolffe QC

Court of Session Outer House 13 May 2019

Sex offender fails in legal bid for more time to appeal against conviction

A man found guilty of attempted rape who failed to lodge an appeal within the statutory time limits has had an application for an extension of time to challenge his conviction rejected.

Appeal Court of the High Court of Justiciary 10 May 2019

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

Man convicted of violent domestic assaults fails in appeal for sentence discount for guilty plea

A man who was jailed for four years after pleading guilty to serious and violent assaults against his former partner has failed in an appeal to have his sentence reduced.

Appeal Court of the High Court of Justiciary 8 May 2019

Extradition to Poland would not breach right to a fair trial despite ‘breakdown in rule of law’, sheriff rules

A Polish national convicted of a series of offences and accused of other crimes in his home country who claimed that extradition to Poland would breach his human rights has had his legal challenge dismissed in a test case.

Sheriff Court 7 May 2019

‘Ruff justice’ appeal rejected as judges confirm destruction of dangerous dog

A dog-owner who challenged a sheriff’s decision to order the destruction of her pet Bullmastiff after it attacked a passer-by and another dog has had her appeal dismissed.

Appeal Court of the High Court of Justiciary 3 May 2019

Mother wins appeal against conviction for assaulting police officers who ‘unlawfully’ entered home

A mother who was found guilty of assaulting two police officers who unlawfully entered her home and tried to detain her has successfully appealed against her conviction.

High Court of Justiciary 2 May 2019

Carer’s defamation appeal against newspaper over ‘misleading’ headline dismissed

A carer who sued a local newspaper for defamation has had an appeal against a sheriff’s decision to dismiss the claim rejected.

Sheriff Appeal Court 1 May 2019

Client fails in appeal against decision to dismiss complaint against lawyer as ‘time-barred’

A disgruntled litigant whose complaints against a Scots lawyer and a law firm were rejected as time-barred has had an appeal against the decision dismissed.

Court of Session Inner House 30 April 2019

A sleeping person is not capable of consenting to sex, appeal court rules in rape case

A man accused of the rape of woman while she was asleep who claimed that he had the consent of the complainer has had his appeal rejected.

High Court of Justiciary 29 April 2019

Family of shipbuilder who died from asbestos-related cancer sue for damages

Relatives of a shipbuilder who died from an asbestos-related condition have been granted a jury trial in their action for damages against the deceased’s former employers.

Court of Session Outer House 25 April 2019

Evidence of non-penetrative sexual assault capable of providing ‘mutual corroboration’ of rape, appeal court rules

A man found guilty of rape who claimed that evidence of a charge of sexual assault could not provide “mutual corroboration” for the rape charge has had an appeal against his conviction rejected.

High Court of Justiciary 24 April 2019

Police officers in Sheku Bayoh case win legal challenge for medical retirement

Two police officers involved in the incident which led to the death of Sheku Bayoh have successfully challenged decisions to refuse their requests to retire on medical grounds.

Court of Session Outer House 23 April 2019