Case archive



Teenage first offender wins appeal against custodial sentence for serious assault

A teenager who was jailed after admitting a charge of assault to severe injury and permanent disfigurement has successfully appealed against his custodial sentence.

High Court of Justiciary 12 October 2016

Man convicted of attempted rape wins appeal over sheriff’s misdirections

A man found guilty of assault with intent to rape who claimed that the sheriff misdirected the jury has successfully appealed against his conviction.

11 October 2016

Dementia sufferer’s claim against council for 24-hour one-to-one care refused

A man acting under a power of attorney who claimed that a local authority should pay for his elderly mother’s 24-hour one-to-one care at home has had a petition for judicial review dismissed.

10 October 2016

Ukrainian widow wins human rights challenge over Home Secretary’s decision to refuse leave to remain application

A Ukrainian widow seeking leave to remain in the UK with her daughter and son-in-law has successfully challenged a decision by the Secretary of State for the Home Department (SSHD) to refuse her claim as “clearly unfounded”.

Court of Session Outer House 7 October 2016

Motorist jailed for driving while disqualified entitled only to ‘token discount’ for guilty plea

A motorist who was jailed after admitting driving while disqualified and without insurance has failed in an appeal against his sentence.

Sheriff Appeal Court 6 October 2016

Couple suspected of tax evasion suffered no article 8 violation

A couple suspected of tax evasion whose home was searched did not suffer any violation of their article 8 rights, the European Court of Human Rights has unanimously held.

European Court of Human Rights 6 October 2016

Man jailed for assaulting fiscal in court has ‘excessive’ sentence appeal rejected

A man who was sentenced to a total of five years' imprisonment after admitting assaulting police officers while on duty and assaulting a procurator fiscal depute in court has failed in an appeal against sentence.

High Court of Justiciary 5 October 2016

Man jailed for hare coursing wins appeal against custodial sentence

A man who was jailed for four months after being found guilty of hare coursing has successfully appealed against his sentence.

Sheriff Appeal Court 4 October 2016

British paedophile's unfair trial application 'manifestly ill-founded', rules Strasbourg

The unfair trial application of a convicted paedophile has been dismissed as "manifestly ill-founded" by the European Court of Human Rights as it vindicated the findings of the English Court of Appeal that the jury in his trial was impartial.

European Court of Human Rights 4 October 2016

Council tenant’s legal challenge to rent agreement barred by mora, taciturnity and acquiescence

A council house tenant who challenged an occupancy agreement after falling into arrears, on the grounds that the local authority failed to consider her ability to pay the rent, has had her petition dismissed.

Court of Session Outer House 3 October 2016

Executors fail in £150,000 ‘unjustified enrichment’ claim against deceased’s former cohabitee

The executors of a deceased man who paid £150,000 to a woman in order to purchase and renovate property in which they lived together have failed in their claim to recover the money on the basis of “unjustified enrichment”.

Court of Session Outer House 30 September 2016

European Court of Human Rights dismisses 'fair hearing' application of men found liable in trespass over Omagh bombing

The European Court of Human Rights has unanimously rejected the applications of two men found liable in trespass, following the Omagh bombing in 1998, who claimed they had not been given a fair hearing because the proceedings were essentially criminal in nature and because hearsay evidence of an undercover FBI agent was admitted.

European Court of Human Rights 29 September 2016

Paedophile loses appeal against Order for Lifelong Restriction

A paedophile convicted of a catalogue of sexual offences against 19 children has failed in an appeal against his “lifelong” sentence.

High Court of Justiciary 29 September 2016

British businessman found guilty of negligent manslaughter in Taiwan wins human rights appeal to stay in Scotland

A British businessman wanted by authorities in Taiwan to serve a prison sentence after he was found guilty of negligent manslaughter following a drink-driving accident has won a human rights appeal to stay in Scotland.

High Court of Justiciary 28 September 2016

AG Sharpston: Court of Justice should annul measures keeping Tamil Tigers and Hamas on terror list

Advocate General Sharpston has stated that the Court of Justice of the European Union should annul the measures maintaining Hamas and LTTE on the EU list of terrorist organisations, on procedural grounds.

European Court of Justice 28 September 2016