Case archive

Investment manager who left company for competitor entitled to share of profits with former colleagues, appeal judges rule

An investment manager who lost his right to share in future profits of funds he and other colleagues invested in after he left his company for a “competitor” has won a legal dispute after judges dismissed an appeal by his former employers.

Court of Session Inner House 15 September 2015

Man who murdered wife loses ‘defective representation’ appeal but judges call for change in solicitor advocate instruction rules

The Criminal Appeal Court has “very strongly” suggested that consideration should be given to changing the rules on the instruction of solicitor advocates, in disposing of an appeal claiming “defective representation”.

Appeal Court of the High Court of Justiciary 10 September 2015

Judicial review of Lord Advocate’s policy on assisted suicide refused

A disabled man who is seeking to end his own life but is “apprehensive” that anyone who assisted him to commit suicide would risk criminal prosecution has failed in a legal bid to force Scotland’s prosecution service to publish guidance on its policy.

Court of Session Outer House 9 September 2015

Pre-action requirements not designed to prevent mortgage lender recovering full debt, Inner House rules

A mortgage lender is entitled to serve calling-up notices to secure repossession and sale of a property where the creditor has considered possible alternative payment arrangements and it is clear that there is no prospect of the debtor being able to fulfil their financial obligations under the standard security.

Court of Session Inner House 8 September 2015

Karen Buckley's 'callous and calculating' murderer sentenced to 23 years' imprisonment

At the High Court in Glasgow today, Lady Rae, sentenced Alexander Pacteau, 21, to life imprisonment for his “brutal, senseless” and “motiveless" murder of Irish student Karen Buckley with a punishment part of 23 years after the accused pled guilty to the murder.

8 September 2015

Killer who claimed failure to transfer him from state hospital to prison breached his human rights has damages bid dismissed

A man detained in the State Hospital for more than 17 years who complained that the lack of any means by which he can be transferred to prison breaches his human rights has had his legal challenge refused.

Court of Session Outer House 7 September 2015

Police constable who gave false report to protect colleague wins appeal against ‘wilful neglect of duty’ conviction

A police officer who was jailed after being found guilty of lying to protect a colleague for allegedly drink-driving has successfully appealed against his conviction.

Appeal Court of the High Court of Justiciary 4 September 2015

Human rights challenge against ‘named person’ legislation refused by appeal judges

A challenge to legislation which will see a “named person” assigned to every child in Scotland has been refused by appeal judges in the Inner House of the Court of Session.

Court of Session Inner House 3 September 2015

Developer’s £15m damages claim against council over Commonwealth Games site dismissed as ‘irrelevant’

A property development company which sued Scotland’s largest local authority for £15 million following a dispute over a contract to develop a site has had its claim dismissed as “irrelevant”.

Court of Session Outer House 2 September 2015

Strasbourg court rules Tunisian migrants' human rights violated in Italy during Arab Spring

The European court of Human Rights (ECtHR) has held that the rights of clandestine migrants from Tunisia were violated when they were detained after landing on the Italian coast in the midst of the "Arab Spring" in 2011.

European Court of Human Rights 1 September 2015

Scots conveyancer guilty of ‘professional misconduct’ for breaching lenders’ handbook and money laundering regulations

A Scots lawyer who failed in his duties under the CML Handbook and at common law to provide material information to lenders in conveyancing transactions has been found guilty of “professional misconduct”.

1 September 2015

Criminal Appeal Court refuses appeal against ‘oppressive’ restrictions on internet use

A man who was given a community payback order with restrictions on his internet use after being convicted of an attempt at “communicating indecently with an older child” has failed in an appeal against sentence.

Appeal Court of the High Court of Justiciary 28 August 2015

Union’s appeal for judicial review of employment tribunal fees dismissed

A trade union which challenged the introduction of fees for claimants to pursue employment tribunals has had an appeal for judicial review of the policy refused.

England and Wales Court of Appeal 27 August 2015

Scots lawyer wins appeal against Law Society’s ‘unsatisfactory conduct’ ruling

A Scots lawyer has successfully challenged a decision of the Council of the Law Society of Scotland to uphold a complaint of “unsatisfactory conduct” made against him.

25 August 2015