Case archive

German courts violated man's right to be presumed innocent

A man who complained German courts violated his article 6 right to be presumed innocent after they revoked the suspension of a sentence previously imposed on him has won his appeal at the European Court of Human Rights (ECtHR).

European Court of Human Rights 13 November 2015

Man who assaulted police officer with a sword fails in ‘self-defence’ appeal

A man who attacked a police officer with a sword and told another to “f*ck off” as he brandished the weapon has failed in an appeal against conviction.

High Court of Justiciary 12 November 2015

French magazine which revealed prince's illegitimate son wins article 10 case at Strasbourg

A French magazine which revealed that Prince Albert of Monaco had an illegitimate son has won an article 10 appeal to theEuropean Court of Human Rights (ECtHR) on the basis the report struck at the prince's public function which trumped his article 8 right to privacy.

European Court of Human Rights 12 November 2015

Woman found guilty of brandishing broken bottle in ‘self defence’ wins ‘reasonable excuse’ appeal

of or fear of future violence would not constitute a reasonable excuse. However matters would be different where a person took possession of a weapon during an incident where he or she was under attack, for the purpose of preventing or discouraging further violence.

High Court of Justiciary 11 November 2015

French comedian convicted of publicly insulting Jews fails in article 10 appeal to Strasbourg

A French comedian who appealed against his conviction for making public insults against Jews has had his application to the European Court of Human Rights declared inadmissible on the basis it was not protected by his article 10 right to freedom of expression and was instead anti-Semitism and Holocaust denial disguised as artistic production.

10 November 2015

Man who encouraged child rape on adult chatline fails in appeal after claiming behaviour was ‘reasonable’

A man found guilty of a statutory breach of the peace for encouraging the rape of children on an adult chatline has failed in an appeal against conviction.

High Court of Justiciary 10 November 2015

Hedge fund’s £7.3m claim against Scots law firm ‘extinguished by prescription’

The liquidator of a multi-million pound hedge fund who sued the company’s solicitors alleging that the firm “breached its fiduciary duties” to its client has had an action for payment of £7.3 million dismissed.

Court of Session Outer House 9 November 2015

Man accused of historic child sex offences fails in appeal against ‘seven-year extension of time’

A man accused of historic child sex offences who challenged a sheriff’s “unique” decision to grant an application by prosecutors for an extension of time to bring him to trial more than seven years after his first appearance in court has had his appeal refused.

High Court of Justiciary 5 November 2015

Mother whose baby was left permanently disabled due to negligence of midwifery staff awarded £725,000

A mother whose baby was left with a permanent disability as a result of the way he was delivered by midwifery staff has been awarded £725,000 damages.

Court of Session Outer House 30 October 2015

Gay paedophile couple jailed for murder ‘do not merit the protection’ of article 8 ECHR

Two “predatory paedophiles” sentenced to life imprisonment for murder who claimed the prison service denied them the opportunity to visit each other in jail have failed in a claim for damages.

Court of Session Outer House 29 October 2015

Scots lawyer jailed for embezzling £400,000 from deceased client’s estate struck off solicitors’ roll

A disgraced Scots lawyer who was jailed after embezzling more than £400,000 from a deceased person’s estate has been struck off the solicitors’ roll.

28 October 2015

Juror who accessed Facebook to check identity of witness fails in appeal to Nobile Officium against contempt of court finding

A juror who was found in contempt of court after using social media to check the identity of a witness has failed in an appeal against a sheriff’s decision.

High Court of Justiciary 27 October 2015

Woman who assaulted deaf pensioner wins appeal against conviction because victim knew interpreter

A woman jailed for assaulting a deaf pensioner for whom she had previously performed “sexual favours” has had her conviction quashed because the complainer knew the sign language interpreter at her trial.

High Court of Justiciary 22 October 2015

Man who secretly shared intimate photograph of woman fails in appeal against registration as ‘sex offender’

A man who secretly took a screenshot of a photograph of a woman’s private parts from her mobile phone and sent it to a third party has had an appeal to be taken off the sex offenders register refused.

High Court of Justiciary 21 October 2015

Man whose IRA membership was admitted in evidence at trial fails in Supreme Court appeal

A man who challenged the admission in evidence of material that revealed his membership of the Irish Republican Army (IRA) and meant he was convicted of being a member of a proscribed organisation has failed in his appeal to the UK Supreme Court that the material should have been excluded at trial.

21 October 2015