Case archive

Children’s hearing’s decision that half-brother was not a ‘relevant person’ did not breach his human rights

A decision that a boy was not a “relevant person” for the purposes of attending a children’s hearing concerning his baby half-sister did not breach the older child’s human rights, appeal judges have ruled.

Court of Session Inner House — 27 November 2018

Scots lawyer struck off for ‘outrageous overcharging’ of clients

A Scots lawyer who overcharged clients by thousands of pounds, including one case which resulted in £116,000 compensation being paid out from the Law Society of Scotland’s client protection fund, has been struck off the roll of solicitors after being guilty of “professional misconduct”.

Scottish Solicitors Discipline Tribunal — 26 November 2018

Extended sentence for man who possessed and shared extreme child sex abuse images was ‘entirely appropriate’

A man who claimed he did not pose a “serious risk of harm to the public” after being given an extended sentence for possessing and distributing indecent images of children has had an appeal against a sheriff’s decision to impose an extension period dismissed.

High Court of Justiciary — 23 November 2018

Judge rejects environmental campaigner’s bid for undercover policing inquiry in Scotland

An environmental campaigner who was seeking to challenge decisions of the UK and Scottish governments not to hold a public inquiry into undercover policing activities in Scotland following the so-called “spy-cops” scandal has had her application for judicial review dismissed.

Court of Session Outer House — 22 November 2018

"Madam Moneybags'" legal bid for review of conviction for brothel keeping ‘time-barred’ 

A woman found guilty of running a brothel and escort business in Edinburgh who claimed she suffered a “miscarriage of justice” has failed in a legal challenge against a decision of the Scottish Criminal Cases Review Commission (SCCRC) to reject an application to refer her case to the High Court of Justiciary for an appeal.

Court of Session Outer House — 21 November 2018

Royal Blind School sex offender loses appeal against conviction over Crown reference to previous convictions

A man who was found guilty of historical sexual offences including the rape of fellow pupils at the Royal Blind School in Edinburgh has had an appeal against his conviction refused.

Criminal Appeal Court — 20 November 2018

Paedophile loses appeal against conviction over ‘hearsay evidence’ of witness who suffered ‘memory loss’

A man found guilty of sexually abusing three boys who claimed that a police statement given by a witness who could not remember making the statement due to memory loss should not have been admitted as evidence has had an appeal against his conviction rejected – despite the fact appeal judges ruled that the hearsay evidence should not have been allowed.

Criminal Appeal Court — 19 November 2018

Property owner’s damages action against RBS dismissed after Court of Session rules claim had prescribed

A property owner who sued the Royal Bank of Scotland for breach of contract over the mortgage lender’s early termination and demand for repayment of three loans has had his £160,000 damages action against bank dismissed following an appeal.

Court of Session Inner House — 16 November 2018

Contempt of court case against Dave King to proceed after judge rejects Rangers chairman’s competency challenge

A contempt of court action against the chairman of Rangers Football Club over his alleged breach of a court order requiring him to make an offer for the remaining shares of Rangers International Football Club Plc will proceed after a judge rejected his challenge to the competency of the proceedings.

Court of Session Outer House — 15 November 2018

Police officers launch legal challenge against chief constable over misconduct proceedings raised following recovery of private ‘WhatsApp’ messages

A group of ten police officers against whom misconduct proceedings were raised after a detective investigating allegations of sexual offences against another constable came across a series of “WhatsApp” messages are suing the Chief Constable of Police Scotland.

Court of Session Outer House — 14 November 2018

Schoolboy detained for knife attack on fellow pupil wins appeal against custodial sentence

A schoolboy who was sentenced to 12 months’ detention for slashing a fellow pupil with a knife during a fight in the school canteen has successfully appealed against a sheriff’s decision to impose a custodial sentence.

Criminal Appeal Court — 13 November 2018

Man convicted of rape fails in ‘fresh evidence’ appeal despite complainer’s retraction

A man found guilty of the repeated rape of a former partner who claimed he was the victim of a “miscarriage of justice” based on “fresh evidence” that the complainer had sent a message to police stating that she had put “an innocent man in jail” has had his appeal against conviction refused.

High Court of Justiciary — 12 November 2018

Brexit Secretary’s application to appeal to UK Supreme Court in ‘Article 50’ case refused

The UK government has had an application for permission to appeal to the UK Supreme Court against the decision to refer the question of whether the Article 50 notification to leave the EU can be unilaterally revoked to the Court of Justice of the European Union refused.

Court of Session Inner House — 9 November 2018

Sheriff Appeal Court allows insurer’s appeal in road traffic case after ruling skilled witness who took contingency fee was ‘not impartial’

The passengers of a car who suffered whiplash injuries following a road traffic accident have had the damages awarded in their favour reduced after the driver of the other vehicle’s insurers successfully challenged the medical evidence given in support of their claims.

Sheriff Appeal Court — 8 November 2018

Man who threatened to share intimate images of ex-partner fails in appeal against sentence

A man who was given a community payback order after threatening to share intimate images of his former partner with her children in an act of so-called “revenge porn” has had an appeal against his sentence rejected.

Sheriff Appeal Court — 7 November 2018