Criminal Appeal Court quashes order to recover rape complainer’s medical records in petition to ‘nobile officium’
A complainer in a rape and domestic abuse assault case successfully challenged a court order authorising the accused to recover her medical records in a bid to disclose any “mental health problems”.
Appeal Court of the High Court of Justiciary 27 February 2020
An admin worker affected by epilepsy who was sacked from her job at the Criminal Injuries Compensation Authority (CICA) because she was unable to meet the standards of performance and attendance expected during her probationary period has been awarded more than £30,000 in compensation after suing her former employer for discrimination.
Employment Tribunal (Scotland) 26 February 2020
A Nigerian national who lodged a human right claim to remain in the UK with members of her extended family has successfully challenged a decision to refuse her application to appeal.
Court of Session Outer House 25 February 2020
A Scots lawyer who acted on behalf of a woman who was seeking to buy her estranged husband’s share in their former matrimonial home so she could remain in the property with her children, while also acting for the woman’s new partner who had agreed to fund the purchase and let the property to her until she could afford to obtain a mortgage, has been found guilty of “professional misconduct”.
Scottish Solicitors Discipline Tribunal 24 February 2020
Death by driving motorist’s £500,000 damages appeal against GP over prescription drugs which ‘caused black-out’ dismissed
A motorist found guilty of causing death by dangerous driving who claimed that he “blacked out” behind the wheel as a result of medication he was prescribed has had a £500,000 damages action against his GP dismissed following an appeal.
Court of Session Inner House 21 February 2020
Court grants motion to enforce adjudicator’s £4m damages decision in dispute over school construction project
A company set up to deliver a number of new schools and community centres in North Lanarkshire that sued a construction company over defects in the development of one of the building projects has been granted a court order to enforce an adjudicator’s decision in its favour.
Court of Session Outer House 20 February 2020
The Upper Tribunal for Scotland refused an appeal against a decision of the First-tier Tribunal for Scotland (Housing and Property Chamber), which had rejected the tenant’s claim after finding that he requested the arrangement. ‘Pre-payment agreement’ Sheriff Nigel Ross heard that the appellant James Malloch was formerly a tenant of the respondent Bernisdale Homes Ltd in relation to a residential dwelling in Edinburgh.
Upper Tribunal for Scotland 19 February 2020
A man found guilty of murdering his friend after causing him to fall down a flight of stairs and repeatedly kicking and stamping on his head and body has successfully appealed against his conviction.
Appeal Court of the High Court of Justiciary 18 February 2020
Sheriff upholds prescription plea in dismissing homeowner’s ‘negligence’ claim against former lawyers
A homeowner who sued his former lawyers after they failed to advise him to include a survivorship clause when transferring the title of his property into the joint names of himself and his then fiancée, who later died and left her half-share to her children from a previous relationship, has had his claim dismissed.
Sheriff Court 17 February 2020
A property developer who claimed that a Scottish local authority’s decision to demolish a leisure centre was “unlawful” has had his legal challenge dismissed.
Court of Session Outer House 14 February 2020
Appeal against cannabis growing and supplying conviction refused despite sheriff’s ‘misdirection’ on concert
The High Court of Justiciary Appeal Court held that the concept of “art and part guilt” had “no part to play” in establishing the statutory offence under section 4(3)(b) of the Misuse of Drugs Act 1971, but ruled that the misdirections did not result in a miscarriage of justice because the evidence against the appellant was “virtually irresistible”. The appellant had been sentenced to three-and-a-half years’ imprisonment on the production charge and six months on the supply charge, to be serviced consecutively, but the appeal judges ruled that the periods should run concurrently. ‘Commercial cultivation’ Lord Malcolm, Lord Tur
Appeal Court of the High Court of Justiciary 13 February 2020
A Scots lawyer who became embroiled in a “tense and heated” exchange of emails with a former client in which the solicitor said “what would you expect from a pig but a grunt” has been found guilty of “professional misconduct”.
Scottish Solicitors Discipline Tribunal 12 February 2020
Afghan student’s application for indefinite leave to remain dismissed, but judge calls on Home Office to reconsider
A student from Afghanistan who has lived in the UK for more than five years has had a legal challenge against a decision to refuse her application for indefinite leave to remain dismissed.
Court of Session Outer House 11 February 2020
A man who was found guilty of breaking into a dead person’s home and stealing a quantity of jewellery after his DNA was found on a torch which was left in the property has had an appeal against his conviction rejected.
Appeal Court of the High Court of Justiciary 10 February 2020
A Scots lawyer who published a series of comments on social media referring to Orange Walks in “discriminatory, sectarian, derogatory, and offensive” terms has been fined £6,000.
Scottish Solicitors Discipline Tribunal 7 February 2020