Case archive

Woman’s ‘unjustified enrichment’ appeal against former partner over half-share of house dismissed 

A woman who sued her former partner for more than £40,000 following the sale of their jointly owned home, claiming that he had agreed not to take his share of the property if their relationship ended, has had her “unjustified enrichment” action rejected by appeal judges.

Court of Session Inner House 6 February 2020

UK Supreme Court: NI Attorney General’s application to refer 'devolution issue' refused

The Supreme Court has refused to accept an application from the Attorney General for Northern Ireland to refer what he said was a “devolution issue” under the Northern Ireland Act 1998.

UK Supreme Court 5 February 2020

Family of death by dangerous driving victim granted civil jury trial in damages claim

The family of a woman who was killed in a road traffic accident have been granted a jury trial in a civil action against the motorist who was found guilty of causing her death by dangerous driving.

Court of Session Inner House 5 February 2020

Prisoner’s petition for judicial review over ‘unlawful’ opening of mail dismissed as ‘incompetent’

A prisoner who claimed that prison authorities breached his human rights by opening a letter addressed to him has had his petition for judicial review dismissed as “incompetent”.

Court of Session Outer House 4 February 2020

Scots lawyer who acted in mortgage fraud case struck off over failure to act in client’s best interests

A Scots lawyer who represented an elderly victim of a mortgage fraudster has been struck off the solicitors’ roll after being found guilty of “professional misconduct” over his failure to act his client’s best interests.

Scottish Solicitors Discipline Tribunal 3 February 2020

Right-wing extremist fails in appeal against two-year sentence for downloading terrorist manuals

A right-wing extremist convicted of downloading “sinister, violent and disturbing” terrorist material has had an appeal against his prison sentence dismissed.

Appeal Court of the High Court of Justiciary 31 January 2020

Success fee payments agreed by Scots law firm with client and advocate ‘illegal and unenforceable’

It is understood that the firm will be seeking leave to appeal. The success fee provisions of an agreement between a Scottish law firm and its clients in a multi-million pound co

Court of Session Outer House 30 January 2020

Retired lawyer fails in nuisance claim over neighbours’ noisy toilet

A couple who sued their upstairs neighbours over the noise coming from a Saniflo toilet have had their “nuisance” claim dismissed by a court.

Sheriff Court 24 January 2020

Criminal Appeal Court clarifies application of ‘mutual corroboration’ in child sex abuse cases

Two men found guilty of child sexual offences on the basis of the principle of “mutual corroboration” who claimed that there were insufficient similarities between the offences to demonstrate a “course of conduct” have had their appeals against their convictions rejected.

Appeal Court of the High Court of Justiciary 29 January 2020

Stalking accused successfully challenges docket evidence of previous assault on complainer

A man accused of stalking has successfully challenged an attempt by prosecutors to lead evidence that he had previously assaulted one of the complainers. 

Sheriff Court 28 January 2020

Fishing association fails in legal challenge over ‘unfair’ compensation scheme for salmon catching ban

A Scottish fishing association which claimed that a continued prohibition on catching salmon in coastal waters and a compensation scheme introduced to support affected farmers were unlawful has had its legal challenge dismissed.

Court of Session Outer House 27 January 2020

Appeal judges reject single parent asylum seekers’ legal challenge over ‘mean spirited’ cuts to financial support

Two single parent asylum seekers who claimed that the reduction in the level of financial support available to them was “unlawful” have had their appeal rejected.

Court of Session Inner House 9 May 2019

Heroin dealer who claimed DNA evidence was ‘insufficient’ fails in appeal against conviction

A man found guilty of being concerned in the supply of heroin who claimed that DNA evidence linking him with the bags in which the drugs were found was insufficient for the jury to draw an inference of guilt has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 23 January 2020

Prisoner fails in £10,000 damages claim over alleged failure to provide rehabilitation

A prisoner who claimed that the prison authorities breached his human rights by failing to provide him with rehabilitation has had a claim for £10,000 damages dismissed.

Court of Session Outer House 22 January 2020

Man facing trial for sexual offences fails in appeal to lead evidence of ‘false allegations’

A man accused of sexual offences against his partner and son who was seeking to introduce evidence that the mother of their children had induced her sons to make false allegations against him and others has had his application rejected.

Appeal Court of the High Court of Justiciary 21 January 2020