Case archive



‘Unlawful’ police search of car for drugs did not result in unfairness, Criminal Appeal Court rules

Two accused persons charged with being concerned in the supply of cannabis resin after their car was stopped and “unlawfully” searched by police have had their appeals against a sheriff’s decision to dismiss their challenge to the admissibility of the evidence of the search refused.

High Court of Justiciary — 3 March 2015

Scottish council granted permanence orders in relation to three brothers

A Scottish local authority has been granted permanence orders in relation to three sibling children whose mother had a history of alcohol abuse, after a judge in the Court of Session ruled that it would be “better” for each of the three boys that an order be made than not.

Court of Session Outer House — 26 February 2015

Fire-damaged church owner’s counterclaim for insurance payout dismissed

The owner of a fire-damaged church whose claim on an insurance policy was repudiated by insurers has had a counterclaim for indemnification for losses arising from the blaze dismissed by a judge in the Court of Session.

Court of Session Outer House — 25 February 2015

Punishment part of 20 years was ‘not excessive’ for sex change murderer, appeal court rules

A woman who was jailed for a minimum of 20 years after being found guilty of murdering a vulnerable neighbour has had an appeal against the sentence imposed refused.

Criminal Appeal Court — 24 February 2015

Criminal Appeal Court issues opinion to clarify function of sifting judge

The Criminal Appeal Court has issued an opinion designed to highlight the point that a decision of a sifting judge must relate to the questions posed in a stated case and not to the content of any earlier application to the court.

High Court of Justiciary — 23 February 2015

Judges refuse pig owner’s appeal against decision to allow council to take animals into care before sale

The owner of an abandoned heard of pigs and flock of hens has failed in an appeal against a sheriff’s decision to allow a Scottish local authority to take the animals into care and sell them.

Court of Session Inner House — 20 February 2015

Tottenham Hotspur held liable after player suffers brain damage following cardiac arrest

An English Premier League football club has been held “vicariously liable” after one of its youth team players suffered a cardiac arrest in his first match and was left brain damaged.

19 February 2015

Oil company’s M74 land contamination claim against Scottish Ministers to proceed to proof

An oil company is suing the Scottish Government over claims its property is being contaminated by “hazardous chemicals” released from land used for the M74 extension.

Court of Session Outer House — 18 February 2015

Girl hit by car wins reduction in assessment of contributory negligence on appeal to UKSC

A seriously injured girl whose contributory negligence in a car accident was assessed at 70 per cent in a decision of an Extra Division of the Inner House of the Court of Session and whose share of damages was calculated accordingly has won an appeal against the assessment by a majority of 3-2 in the UK Supreme Court (UKSC).

UK Supreme Court — 18 February 2015

Judge rejects police officer’s damages claim following training exercise injury

A police constable who was injured while playing the role of an attacker during an officer safety training course has had a claim for damages refused by a judge in the Court of Session.

Court of Session Outer House — 17 February 2015

Sheriff’s decision to postpone trial was not oppressive, appeal court rules

A man charged with being in possession of a class A drug with intent to supply has had his challenge to a decision to postpone his trial for five months refused.

Criminal Appeal Court — 16 February 2015

Scottish Ministers found in contempt of court after prison service breached undertaking not to open inmate’s letters

The Scottish Ministers have been found in contempt of court after prison officers breached an undertaking not to open an inmate’s letters.

Court of Session Outer House — 16 February 2015

Motorist’s breach of the peace conviction for ‘loitering’ and ‘following’ quashed

A motorist who was convicted of breach of the peace after being accused of conducting herself in a “disorderly manner” by “following” two people in her car and placing them in a state of “fear and alarm” has had her conviction quashed on appeal.

High Court of Justiciary — 12 February 2015

Mum who ‘separated’ two fighting schoolboys has assault conviction quashed on appeal

A mother who was convicted of assault after grabbing hold of and shouting at a schoolboy involved in a play-fight with her son has had her conviction overturned by appeal judges.

High Court of Justiciary — 11 February 2015

Turkish national seeking leave to remain in the UK has petition for judicial review dismissed

A Turkish national who was refused leave to remain in the UK despite claiming that he had established a family and private life has had a petition for judicial review of the decision dismissed by a judge in the Court of Session.

Court of Session Outer House — 10 February 2015