Case archive

Domestic abuser fails in appeal against four-year custodial sentence but has extension period quashed 

A man who was jailed for four years after being found guilty of domestic abuse offences has had an appeal against the custodial term imposed rejected.

Appeal Court of the High Court of Justiciary 2 October 2019

Man accused of ‘threatening and abusive behaviour’ towards ex-wife wins appeal to have case dismissed 

A man accused of behaving in a “threatening and abusive manner” by shouting and swearing at his ex-wife has successfully challenged an attempt to prosecute him after a sheriff had previously deserted an identical complaint against the accused pro loco et tempore.

Sheriff Appeal Court 1 October 2019

Contractor’s £25m ‘unlawful state aid’ claim against Scottish government dismissed 

A contractor which claimed the Scottish government acted unlawfully in giving taxpayers' money to a competitor in the purchase of a Highland industrial yard has had a £25 million damages action dismissed.

Court of Session Outer House 30 September 2019

Rapist loses appeal against conviction over ‘insufficient evidence’ of lack of consent

A man who was found guilty of raping a family member but claimed that there was “insufficient evidence” that he lacked the “honest belief” that the complainer had consented has lost his appeal.

Appeal Court of the High Court of Justiciary 27 September 2019

Upper Tribunal rules pro indiviso tenant did not have private residential tenancy

A woman who appealed a decision of the First-tier Tribunal for Scotland on the basis of her claim she did not have a private residential tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 has had her appeal refused by the Upper Tribunal for Scotland.

Upper Tribunal for Scotland 27 September 2019

Housing and Property Chamber erred in dismissing case as ‘frivolous and vexatious’, Upper Tribunal rules

The First-tier Tribunal for Scotland Housing and Property Chamber (FtT) was wrong to dismiss an application to hear a dispute as “frivolous and vexatious”, the Upper Tribunal for Scotland (UT) has ruled.

Upper Tribunal for Scotland 25 September 2019

Company director accused of breaching disqualification order fails in time-bar challenge against prosecution

A man accused of breaching an order disqualifying him from acting as a company director who claimed that criminal proceedings raised against him were “time-barred” has had a legal challenge against his prosecution dismissed.

Sheriff Appeal Court 26 September 2019

Prime Minister Boris Johnson unlawfully prorogued Parliament, full bench of Supreme Court rules in historic judgment

Prime Minister Boris Johnson unlawfully prorogued Parliament, a full bench of the UK Supreme Court has unanimously ruled in a historic judgment.

UK Supreme Court 24 September 2019

Electoral Commission wins appeal on interpretation of ‘expenses incurred’ by Vote Leave

A legal challenge against a decision by the statutory body responsible for overseeing elections and referendums in the United Kingdom not to open an investigation into the spending by the official Vote Leave campaign in connection with the Brexit vote has been dismissed following an appeal.

England and Wales Court of Appeal 23 September 2019

Solicitor relieved of failure to comply with court rules on time-limit for appealing Pensions Ombudsman’s decision

A lawyer who was seeking to challenge a decision by the Pensions Ombudsman to reject a complaint against a trustee over its handling of a sale of properties has been granted permission to bring an appeal despite missing the deadline by more than four months.

Court of Session Inner House 20 September 2019

‘Openly gay’ asylum seeker’s fresh claim to remain in UK due to ‘risk of persecution’ in Zimbabwe dismissed

A Zimbabwean asylum seeker whose human rights claim to remain in the UK was refused by the Home Secretary has had an application for judicial review of a decision that he had not made a fresh claim to remain in the country dismissed.

Court of Session Outer House 19 September 2019

Appeal against employment judge’s decision to substitute reasons for dismissal rejected

An engineer who raised an unfair dismissal claim against her former employer after she was sacked for refusing to work with a key contractor has lost an appeal against an Employment Tribunal’s decision to relabel the reason for dismissal and reduce the award payable to her.

Court of Session Inner House 18 September 2019

First Division of Court of Session reaffirms notion of equivalent rights in allowing appeal on interpretation of collateral warranties

A contractor which was sued by a bank over its alleged “defective design and construction” of a retail development car park which flooded has successfully appealed against a judge’s decision that the claim against it was not time-barred because the action had been raised within five years of the parties signing a collateral warranty.

Court of Session Inner House 17 September 2019

Appeal against ‘intent to rape’ conviction over sheriff’s ‘prejudicial misdirection’ dismissed

A man found guilty of sexual assault with intent to rape who claimed that the sheriff’s directions to the jury were “prejudicial” has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 16 September 2019

Prorogation ‘unlawful’ because power was used for ‘improper purpose’ of ‘stymying parliament’

The Prime Minister’s advice to HM The Queen that parliamentary business at Westminster should be suspended for five weeks in the run up to “Brexit” undermined a “central pillar” of the constitution that the Government was accountable to Parliament.

Court of Session Inner House 13 September 2019