Case archive

Mature student denied loan suffered age discrimination, as judge rules regulations restricting support to under 55s is ‘ultra vires’

Scottish secondary legislation restricting student loans to under 55s breaches the right against age discrimination and is therefore “ultra vires”, a judge in the Court of Session has ruled.

Court of Session Outer House 23 May 2016

Life prisoner fails in human rights legal challenge over failure to provide opportunity for rehabilitation

A man serving a sentence of life imprisonment for murder who claimed that the prison service has failed to provide him with a reasonable opportunity to rehabilitate himself has had a petition for judicial review dismissed by a judge in the Court of Session.

Court of Session Outer House 20 May 2016

HM Inspector of Health & Safety loses appeal against tribunal’s decision to cancel prohibition notice

Health and safety inspectors have failed in an appeal against a tribunal’s decision to cancel a prohibition notice issued to a North Sea oil company.

Court of Session Inner House 19 May 2016

Supreme Court allows appeal for maintenance of interim injunction in celebrity threesome case

The Supreme Court has unanimously granted a celebrity permission to appeal the discharge of an interim injunction regarding his sexual encounters and, by a majority, has allowed the appeal.

UK Supreme Court 19 May 2016

SSDT: solicitor guilty of professional misconduct in 14 transactions

The Scottish Solicitors’ Discipline Tribunal (SSDT) has found a former solicitor guilty of professional misconduct in relation to 14 transactions, having considered the complaint against her dated 15 January 2015 at the instance of the Council of the Law Society of Scotland.

18 May 2016

High Court judge issues note on ‘unique’ death by dangerous driving case where two accused were sitting in driver’s seat

A High Court judge has issued a note following the conviction of a couple who were was charged with causing death by dangerous driving while both were sitting in the driver’s seat, after one of the two accused claimed he was not “driving” the vehicle at the material time.

High Court of Justiciary 18 May 2016

Crown wins appeal against JP’s decision to refuse motion to adjourn trial and for witness warrant

Prosecutors have successfully challenged a decision by a justice of the peace to refuse a motion to adjourn an assault trial and for a warrant to arrest a corroborating witness who had moved to London and was avoiding service.

Sheriff Appeal Court 17 May 2016

Appeal court rules motorcyclist was more to blame for late night crash with milk tanker

A motorcyclist who had his leg amputated following a late night road traffic accident in which he crashed into a milk tanker that was lit up “better than a Christmas tree” was more to blame than the driver of the other vehicle, appeal judges have ruled.

Court of Session Inner House 16 May 2016

Appeal judges refuse environmental charity’s application for protective expenses order in wind farm challenge

An environmental charity which is challenging plans for a wind farm development in Invernesshire has had an application for a protective expenses order refused following an appeal.

Court of Session Inner House 13 May 2016

Iraqi civilians fail in tortious claim against Ministry of Defence over maltreatment by British forces

Iraqi civilians who said they suffered at the hands of the British armed forces have failed in their tortious claim against the Ministry of Defence as a consequence of foreign time-bar rules.

UK Supreme Court 12 May 2016

Company loses VAT deduction appeal against HMRC at Supreme Court

The Supreme Court has dismissed a company’s appeal against HM Revenue and Customs’ (HMRC) contention the company was not entitled to deduct VAT on accountant’s fees as input tax under the contract.

UK Supreme Court 11 May 2016

Man who murdered flatmate sentenced to 17 years' imprisonment

At the High Court in Edinburgh yesterday, Lady Rae sentenced Gary Stevenson to life imprisonment with a punishment part of 17 years after he pleaded guilty to the murder of Katy Rourke at their shared flat in Govan.

10 May 2016

Judge refuses petition to remove ‘Independence Camp’ until hearing debate on ‘proportionality’

A legal bid to remove the so-called “Independence Camp” from the grounds of the Scottish Parliament will require a further hearing to determine whether such a move will breach the protestors’ human rights.

Court of Session Outer House 6 May 2016

Housebreaker who claimed DNA evidence was insufficient corroboration loses appeal against conviction

A man found guilty of a charge which libelled that he broke into a residential property and stole jewellery has failed in an appeal against conviction after claiming there was “insufficient evidence” to corroborate the theft.

High Court of Justiciary 5 May 2016

Luxembourg dismisses challenges against directive on tobacco products

The extensive standardisation of packaging, the future EU-wide prohibition on menthol cigarettes and the special rules for electronic cigarettes, embodied in the EU directive on tobacco products, are lawful, the Court of Justice of the European Union has ruled

European Court of Justice 4 May 2016