Case archive

‘Director’ of organised drugs gang fails in appeal against ‘excessive’ sentence

The leader of a Glasgow-based organised criminal gang concerned in the acquisition, adulteration and onward supply of heroin to associates in Edinburgh, who was sentenced to more than 13 years imprisonment, has failed in an appeal to have his custodial term reduced.

High Court of Justiciary 4 December 2015

Gritting company fails in damages appeal in action against Scottish Ministers‏

A gritting company which claimed Scotland’s transport agency breached public procurement law by failing to hold a competitive tendering process for purchasing de-icing salt during two of the country’s coldest winters on record has failed in an appeal to recover more than £3 million.

Court of Session Inner House 2 December 2015

‘Tartan Army’ trade mark infringement claim to proceed against company after judge rules sole director was not personally liable

An intellectual property infringement claim by the owners of the “Tartan Army” trade mark will only proceed against the company which publishes “The Famous Tartan Army Magazine” and offers other services using the mark, and not the sole director of the company.

Court of Session Outer House 1 December 2015

Judges rule Court of Session does not have jurisdiction to hear bank’s negligence claim against surveyors

A bank which raised an action for damages against a firm of surveyors over its valuation of a property after lending more than £2 million to a developer who was unable to repay the loan has been told that the Court of Session does not have jurisdiction to hear the dispute.

Court of Session Outer House 27 November 2015

Crown wins appeal against sentence imposed on rapist as Criminal Appeal Court criticises trial judge’s ‘controversial’ remarks about complainers

with the respondent in the “partner swapping” scene in Glasgow and Paisley and the sexual promiscuity indulged in at “swinging” parties.

High Court of Justiciary 27 November 2015

UK government not required to investigate 1948 British army massacre of 24 Malayan villagers

The UK government is not required to hold an inquiry into the killing of 24 Malayan villagers in 1948 by a British army patrol, despite the fact it may have been a war crime, because it occurred too long ago the Supreme Court has ruled.

UK Supreme Court 26 November 2015

Man who called German doctor a ‘Nazi b*****d’ fails in appeal against ‘threatening or abusive’ behaviour conviction

A hospital inpatient who called a German consultant physician a “Nazi b*****d” has had an appeal against his conviction for behaving in a “threatening or abusive manner” which was likely to cause a reasonable person to suffer “fear and alarm” refused.

High Court of Justiciary 25 November 2015

Witness who failed to attend court after accompanying son to hospital has contempt of court finding quashed

A witness who failed to attend court after his son was rushed to hospital following an accident has had a finding of contempt of court quashed.

High Court of Justiciary 24 November 2015

‘Stick it up your a***’: Judges refuse appeal against ‘threatening or abusive’ behaviour conviction

A motorist who shouted “stick it up your arse” to a parking attendant who had given him penalty charge notice has failed in an appeal against conviction for behaving in a “threatening or abusive manner” which was likely to cause a reasonable person to suffer “fear and alarm”.

High Court of Justiciary 23 November 2015

Man convicted of rape has custodial term increased after Crown appeals ‘unduly lenient’ sentence

A man who raped a 14-year-old girl while her mother was in the next room has had his prison term increased following a Crown appeal against sentence.

High Court of Justiciary 20 November 2015

GQ magazine publisher in contempt of court over ‘seriously prejudicial’ article on phone-hacking trial

The publisher of GQ magazine has been found in contempt of court over a “seriously prejudicial” article on the phone-hacking trial.

England and Wales High Court 19 November 2015

Immigration rules do not fall foul of article 8 but guidance on them may be overly restrictive rules Supreme Court

. He was sympathetic to the proposed declaration relating to the Guidance but agreed that it would be wrong to make it without considering further submissions.

UK Supreme Court 19 November 2015

English council fails in challenge to Scottish Ministers’ decision over care home resident’s ‘ordinary residence’

An English local authority that challenged a decision which meant the costs of providing accommodation for an elderly care home resident who moved north of the border could be recovered from the council has had a petition for judicial review refused.

Court of Session Outer House 18 November 2015

Pedestrian struck by van to be awarded damages but liability apportioned on a 50-50 basis

A pedestrian who sought reparation after being injured in a road traffic accident is to be awarded damages after a judge in the Court of Session ruled that the driver of a van which knocked her down was “negligent”.

Court of Session Outer House 17 November 2015

Variation of CPO following expiry of order was not ‘incompetent’, appeal court rules

ry applications. Such applications could prove to have been unnecessary. For the legislature to have intended to impose such a regime seems absurd.

High Court of Justiciary 16 November 2015