Case archive

Law firm succeeds in judicial review challenge against arbiter’s award to former partner

A Scottish legal firm has successfully challenged a decision of an arbiter to make an award in favour of a former partner who raised an action against his ex-colleagues following resignation from the partnership.

Court of Session Outer House 19 October 2015

Road traffic accident victim to be awarded damages after judge rules driver was ‘90 per cent responsible’

A man who was left paralysed following a road traffic accident in which he struck by a car outside a hotel is to be awarded damages after the driver admitted liability.

Court of Session Outer House 15 October 2015

Segregation of prisoner was ‘unlawful’ and breached his human rights, UK Supreme Court rules

A convicted murder who was removed from general association with other prisoners was segregated “unlawfully”, the UK Supreme Court has ruled.

UK Supreme Court 14 October 2015

Trial of man accused of historical child sex offences deserted due to Crown ‘oppression’

The trial of a man accused of historical child sex offences has collapsed after prosecutors included charges on the indictment for which they had “no supporting evidence”.

High Court of Justiciary 12 October 2015

Chef fails in damages claim against council over late night fall due to lack of street lighting

A chef who was injured in a fall as he walked home from work late at night and sued his local authority after claiming the council was at fault for turning off the streetlights has had an action for £20,000 damages refused.

Court of Session Outer House 9 October 2015

Part-time judge fails in appeal for pension entitlement to be backdated

A part-time judge who claimed that his pension should be calculated on the basis of his sitting days since he was appointed rather than the date on which an EU law protecting part-time-time workers from being treated less favourably than equivalent full-time workers came into force in the UK has had an appeal refused.

England and Wales Court of Appeal 7 October 2015

Motorist who caused death of friend by dangerous driving fails in appeal against sentence

A motorist who was jailed for six years and banned from driving for eight years after being found guilty of causing death of a “close friend” by dangerous driving has had an appeal against sentence refused.

Appeal Court of the High Court of Justiciary 6 October 2015

Baby-shaking assault father successfully challenges ‘excessive’ sentence

A father who left his baby daughter brain-damaged after shaking her and throwing her down on to a couch in a “deliberate and violent assault” has had his seven-and-a-half year prison sentence reduced following an appeal.

High Court of Justiciary 5 October 2015

High Court judge makes gagging order to stop press publishing details of Liam Gallagher and Nicole Appleton’s divorce proceedings

A High Court judge has made a “gagging order” prohibiting the media from publishing details of the divorce proceedings between Liam Gallagher and Nicole Appleton.

England and Wales High Court 2 October 2015

Appeal judges uphold ‘loss of society’ damages award but rule mother of dangerous driving victim was not a ‘secondary victim’

A motorist who was sued by the mother of a man he killed in a road traffic accident has been partially successful after appealing against the level of damages awarded to the woman.

Court of Session Inner House 30 September 2015

Election Court rules s106 of Representation of the People Act 1983 is engaged by ‘self-talking’

The legislative provision which makes it an “illegal practice” to make or publish false statements about any candidate during an election campaign can apply to “self-talking” as well as attacking another candidate, judges have ruled.

29 September 2015

Indian ‘overstayer’ fails in human rights challenge against removal from UK

An “overstayer” who claimed that his removal from the UK to India would breach his human rights because he was engaged to a British woman has had a petition for judicial review dismissed.

Court of Session Outer House 28 September 2015

Father who abducted son fails in judicial review challenge against council’s decisions over children’s care

A father-of-two who was jailed after being found guilty of abducting one of his sons has had an application for judicial review of decisions made by a Scottish local authority in respect of the children’s care refused.

Court of Session Outer House 25 September 2015

Commercial property tenant’s rights in lease with landlord ended on dissolution, judges rule

The owner of a hotel which was struck off the Companies Register and dissolved has failed in an appeal against a decision that its tenancy agreement with its landlord ended on its dissolution.

Court of Session Inner House 22 September 2015

Law firm sues ‘Solicitors from Hell’ website for damages over defamatory statements

A law firm which was described as “shameless, corrupt, fraudulent, dishonest, unethical, incompetent and oppressive” has been awarded damages from the operators of a spin-off of the “Solicitors from Hell” website after a judge ruled that the comments were defamatory.

England and Wales High Court 18 September 2015