Case archive



Judge failed to consider ‘welfare of child offender’ when sentencing him for sexual offences

A youth who was found guilty of raping two boys and sentenced to six years’ detention has had his sentence quashed and substituted with a custodial term of five years and an extension period of three years following an appeal.

High Court of Justiciary 6 June 2016

ECJ: Restriction on noble titles in Germany justified

A name containing several tokens of nobility and freely chosen by a German in another member state of which he also holds the nationality does not necessarily have to be recognised in Germany, the European Court of Justice has ruled.

European Court of Justice 3 June 2016

Magistrate erred in imposing driving ban having already held that ‘exceptional hardship’ had been established, Sheriff Appeal Court rules

A magistrate was not entitled to impose a driving ban on a motorist convicted of driving while using a mobile phone and without insurance having already determined that “exceptional hardship” had been established, the Sheriff Appeal Court has ruled.

Sheriff Appeal Court 2 June 2016

John Docherty loses appeal against conviction and sentence for murder of Elaine Doyle

The man found guilty of the murder of Elaine Doyle, who claimed that the jury’s verdict was “unreasonable”, has had an appeal against conviction refused.

High Court of Justiciary 1 June 2016

Luxembourg: Muslim headscarf ban in the workplace may be admissible

A ban on wearing headscarves in companies may be admissible if it is based on a general company rule which prohibits political, philosophical and religious symbols from being worn visibly in the workplace to ensure religious and ideological neutrality, in the opinion of an advocate general of the Court of Justice of the European Union.

European Court of Justice 1 June 2016

Russian journalists convicted of ‘insult’ had article 10 rights violated

A Russian journalist and an editor convicted of “insult” for publishing a news story complaining about an allegedly corrupt mayor had their article 10 right to freedom of expression violated, the European Court of Human Rights has ruled.

31 May 2016

Ugandan domestic abuse victim wins appeal for ‘indefinite leave to remain’

A Ugandan woman who came to the UK to join her husband after he was granted refugee status has successfully challenged a decision by the Home Secretary to refuse her application for “indefinite leave to remain” as a victim of domestic abuse.

Court of Session Inner House 31 May 2016

Motorist who failed to provide breath sample to police loses appeal against car forfeiture

A motorist who was ordered by a sheriff to forfeit his car after he admitted failing to provide a breath sample when stopped by police has had an appeal against what he claimed was an “excessive” penalty dismissed.

Sheriff Appeal Court 30 May 2016

Estate owner who was awarded protective expenses order for wind farm challenge fails in bid for ‘additional fee’

An estate owner who is challenging plans for a new wind farm in Ayrshire and was granted a protective expenses order following an appeal has failed in a bid to make the respondents and the interested party jointly and severally liable in expenses to him and for an “additional fee”.

Court of Session Inner House 27 May 2016

Luxembourg: Decision to confer unlimited implied guarantee annulled over failure to prove economic advantage

The General Court has annulled the Commission’sdecision classifying the unlimited implied guarantee granted by France to one of its public establishment as state aid. The Commission failed to explain or prove that that guarantee has the effect of conferring an actual economic advantage on the Institut Français du Pétrole.

European Court of Justice 26 May 2016

Scots conveyancing lawyer fined £2,500 for ‘professional misconduct’ over ‘blatant rip off’ of mortgage lenders

A Scottish conveyancing solicitor who acted in a series of transactions where the loan paid by the mortgage lender to the purchaser of the property “significantly exceeded” the actual price paid to the seller has been found guilty of “professional misconduct”.

26 May 2016

Luxembourg: Advocate General recommends Rubik's Cube trade mark be declared invalid

The EU trade mark representing the shape of a Rubik’s Cube must be declared invalid on the basis it covers the generic function of the product and could therefore frustrate competition according to an Advocate General of the Court of Justice of the European Union.

European Court of Justice 25 May 2016

Supreme Court denies expats Brexit vote

Over a million British expats have been denied the right to vote in the EU referendum following a ruling of the Supreme Court that people who have lived outside of the UK for more than 15 years cannot vote on June 23.

25 May 2016

Man convicted of wilful fire-raising charges fails in ‘insufficient evidence’ appeal

A man found guilty of charges of wilful fire-raising who claimed there was “insufficient evidence” of identification of him as the perpetrator of the offences has failed in an appeal against conviction and sentence.

High Court of Justiciary 25 May 2016

Retired Scots lawyer struck off after being caught with child sex abuse images

A Scots lawyer convicted of making and sharing indecent images of children has been struck off the solicitors’ roll after being found guilty of “professional misconduct”.

24 May 2016