Case archive

Rapist convicted of assaulting fellow prisoner fails in appeal against order for lifelong restriction

A serial offender who was sentenced to an order for lifelong restriction (OLR) following his fourth High Court appearance has had an appeal against a judge’s decision to impose the OLR rejected.

Appeal Court of the High Court of Justiciary 13 March 2019

Bank employee who stole customers’ cash has prison sentence cut following appeal

A bank employee who stole more than £50,000 from customers’ accounts has had his sentence reduced following an appeal.

Appeal Court of the High Court of Justiciary 12 March 2019

Woman granted interdict to prevent solicitors’ firm acting for estranged husband in divorce action

The estranged wife of former Rangers Football Club owner Sir David Murray has been granted a court order preventing a firm of solicitors acting for her husband in a divorce action.

Court of Session Outer House 11 March 2019

Scottish judicial review procedures do not breach right to a fair and public hearing, court rules

Three litigants who claimed that the introduction of a permission stage in judicial review procedure in Scotland was “incompatible” with human rights law because it meant that cases could be dismissed without an oral hearing have had their legal challenges dismissed.

Court of Session Outer House 8 March 2019

Supreme Court: Pearse Jordan’s mother wins appeal against stay in damages case

A Northern Ireland woman has successfully appealed the decision of the Northern Ireland Court of Appeal to order a stay on her application for damages for the state’s failure to carry out a prompt investigation into the circumstances of her son’s death, in violation of Article 2 ECHR.

UK Supreme Court 8 March 2019

Long-term prisoner sues over failure to allow maximum 180-day home detention curfew

A long-term prisoner who claimed that the prison authorities acted “unlawfully” in failing to properly progress his application for home detention curfew had his legal challenge dismissed, but the judge later conceded that he ought to have allowed the case to proceed to a full hearing.

Court of Session Outer House 7 March 2019

Man who posted ‘Nazi dog’ video has human rights appeal bid dismissed as ‘unarguable and incompetent’

The High Court of Justiciary has published its reasons for rejecting an application for permission to appeal by a man found guilty of posting a “grossly offensive” video online showing a “Nazi dog”.

Appeal Court of the High Court of Justiciary 6 March 2019

James Bulger’s father fails in legal bid to reveal information about Jon Venables

A judge has dismissed an application by the father of the late James Bulger to amend a lifelong anonymity order protecting the identity of one of his son’s killers.

England and Wales High Court 5 March 2019

Aberdeen 1 - 0 No Kingsford Stadium 

An environmental campaign group which sought reduction of a decision by Aberdeen City Council to grant planning permission for the development of a new stadium for Aberdeen Football Club have had their legal challenge dismissed.

Court of Session Outer House 4 March 2019

Criminal Appeal Court clarifies corroborative status of CCTV evidence 

The High Court of Justiciary has clarified the status of CCTV footage for the purposes of corroboration, confirming that where the only evidence of the crime libelled is the recorded footage and where its provenance is established, it can provide “sufficient evidence” of the “actus reus” of an offence.

High Court of Justiciary 1 March 2019

Private healthcare company’s claim for payment against Scottish heath board dismissed

A private healthcare provider which sued a Scottish health board claiming it was “contractually obliged” to pay for a mental health patient’s continuing care at a hospital in England has had its case dismissed.

Court of Session Outer House 28 February 2019

UKSC: No investigation into Pat Finucane's death so far has been Article 2 compliant

The widow of murdered Belfast solicitor Pat Finucane has been granted a declaration that the state has failed to deliver an Article 2 compliant investigation into the death of her husband, who was shot and killed by loyalist paramilitaries in collusion with the UK security forces.

UK Supreme Court 27 February 2019

Criminal Appeal Court critical of ‘inappropriate and insulting’ questioning of rape complainer

The Criminal Appeal Court has reiterated its warning to defence lawyers over the “derogatory and insulting” questioning of rape complainers and criticised a judge for “wholly inappropriate” comments made about the evidence of a witness during the course of a trial.

Appeal Court of the High Court of Justiciary 27 February 2019

Former sheriff struck off solicitors’ roll for 'professional misconduct’

A former sheriff has been struck off the solicitors’ roll for a “catalogue of serious and reprehensible behaviour”.

Scottish Solicitors Discipline Tribunal 26 February 2019

Widow wins appeal for insurance payout over death of husband following assault by bouncer

A widow whose husband died after being choked by a pub bouncer is entitled to an insurance payout after appeal judges dismissed an appeal by insurers of the door steward’s former employers.

Court of Session Inner House 25 February 2019