Case archive

Judge refuses leave to appeal against arbitrator’s award as decision was not ‘obviously wrong’

A party to an arbitration which was seeking to challenge an arbitrator’s award on the basis of an alleged “legal error” has had an application for leave to appeal against the decision refused. A judge in t

Court of Session Outer House 20 August 2019

‘Road rage’ motorist loses appeal against dangerous driving conviction

A motorist found guilty of “dangerous driving” after overtaking a camper van before slamming on the brakes and forcing the other driver to perform an “emergency stop” has failed in an appeal against his conviction.

Sheriff Appeal Court 19 August 2019

Falkirk couple allowed proof before answer in case against whisky aging facility

A couple from Falkirk have succeeded in getting a proof before answer in their case against a whisky company.

Court of Session Outer House 16 August 2019

Crown bill of advocation against sheriff’s pre-trial ruling on admissibility of ‘paedophile hunter’ evidence passes

The Crown has succeeded in challenging a sheriff’s pre-trial ruling that evidence gathered by so-called ‘paedophile hunters’ that the Crown proposed to induce at the trial of an alleged sex offender was inadmissible.

Sheriff Appeal Court 15 August 2019

Ex-music teacher loses appeal against conviction for historic sex offence

An ex-music teacher who was convicted of historic sex crimes against his former students has had an appeal against conviction and sentence refused.

Appeal Court of the High Court of Justiciary 14 August 2019

Prisoner who applied for early release on ground of previously successful curfew has judicial review petition refused

A short-term prisoner who was refused early release under Home Detention Curfew (HDC) under the Prisoners and Criminal Proceedings (Scotland) Act 1993 has had his petition against the decision rejected.

Court of Session Outer House 13 August 2019

Man convicted of carrying a machete in woodland loses appeal against conviction

A man who was found carrying a machete in a Cambuslang woodland has had his appeal against conviction for carrying an offensive weapon in public without a reasonable excuse refused.

Appeal Court of the High Court of Justiciary 12 August 2019

Landlord who failed to pay tenancy deposit into approved scheme for four years unsuccessful in appeal

A landlord who failed to pay a tenancy deposit into an approved deposit scheme until four years into the tenancy has been unsuccessful in challenging a payment order.

Upper Tribunal for Scotland 9 August 2019

Solicitor not negligent in failing to seek warranty from the seller of a petrol station

A couple who claimed their company’s solicitor had been negligent in his conduct during a purchase transaction have failed to establish negligence.

Court of Session Outer House 8 August 2019

Sheriff did not err in law in finding child’s evidence of parental sex abuse ‘not trustworthy’

A woman who appealed the granting of a contact order on the grounds that the sheriff had not ascribed appropriate weight to child evidence in light of expert evidence has had her appeal refused.

Sheriff Appeal Court 7 August 2019

Mother of girl with selective mutism unsuccessful in obtaining order to relocate her to Germany

The mother of a child with selective mutism has been unsuccessful in establishing that it would be in the child’s best interests to relocate to her native Germany and have that be the child's principal residence.

Sheriff Court 6 August 2019

Double rapist who claimed ‘mutual corroboration’ could not apply loses appeal against conviction

A man found guilty of the rape of two former partners on the basis of the principle of “mutual corroboration” has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 6 August 2019

Councillor suspended for making inappropriate remarks to man seeking renewal of licence has appeal against suspension refused

A councillor suspended for making inappropriate remarks to a man seeking to renew his taxi licence has had his appeal against suspension refused by a court, in a case providing that when acting in a quasi-judicial capacity the enhanced protection afforded politicians to make political comment, under the European Convention on Human Rights, is less likely to be engaged.

Sheriff Court 2 August 2019

Motorist who filmed crash scene on phone wins appeal against conviction for driving while using mobile

A motorist who was found guilty of driving while using a mobile phone after filming the aftermath of a road traffic accident from behind the wheel of his van has seen a decision to quash his conviction upheld following an appeal.

England and Wales High Court 1 August 2019

Crofting couple’s damages claim for neighbours’ bull’s impregnation of pedigree cow dismissed

A Hebridean crofting couple who raised an action for damages after a neighbours’ bull strayed onto their land and impregnated their pedigree cow have had their claim dismissed.

Sheriff Court 31 July 2019