Case archive

Motorist who caused injury by dangerous driving wins appeal against ‘excessive’ sentence in legal first

A motorist who was given a community payback order and banned from the road after he admitted falling asleep at the wheel and crashing into an oncoming vehicle has successfully appealed against his sentence, in the first reported Scottish decision to consider the offence of causing injury by dangerous driving.

Sheriff Appeal Court 2 November 2016

Car finance company fails in legal bid to have customer jailed over failure to pay instalments

A car finance company which applied to a court to have a customer jailed after he failed to pay the instalments have had their application refused by a sheriff.

Sheriff Court 1 November 2016

State aid validity extension to be deemed new aid, CJEU rules

The extension of the period of validity of existing state aid must be regarded as the alteration of that aid and, therefore, as new aid, the Court of Justice of the Europen Union has held.

31 October 2016

Judges reject protesters’ appeal against order to remove ‘Independence Camp’ from Holyrood

An appeal by the occupiers of the so-called “Independence Camp” against a move to evict them from the grounds of the Scottish Parliament has been rejected.

Court of Session Inner House 31 October 2016

Home Secretary fails in appeal to deport Somalian rapist

A Somalian refugee convicted of rape who successfully challenged a decision to deport him to his home country on human rights grounds has seen an appeal against that ruling refused.

Court of Session Inner House 27 October 2016

Company director banned for deliberate non-payment to HMRC loses appeal against disqualification

An accountant who was banned from being a company director after he paid trade creditors but not HM Revenue and Customs (HMRC) when his business went into liquidation has failed in an appeal against his three-year disqualification.

Court of Session Inner House 26 October 2016

Advocate General Wahl: Intel appeal against €1.06bn fine 'should be upheld'

Intel’s appeal against the imposition of a €1.06 billion fine for abuse of its dominant position should be upheld and the case should be referred back to the General Court for a fresh review in the Opinion of an Advocate General of the Court of Justice of the European Union.

26 October 2016

Appeal judges dismiss T in the Park drug dealer’s claim that police search was ‘unlawful’

A man accused of being concerned in the supply of ecstasy at T in the Park who claimed that the police search of him was “unlawful” has had an appeal refused after a sheriff rejected his challenge.

High Court of Justiciary 25 October 2016

Court issues reasons for authorising new prosecution of Ronnie Coulter for murder of Surjit Singh Chhokar

Judges have issued their reasons for setting aside the acquittal of a man accused of the 1998 murder of Surjit Singh Chhokar in Overtown, Lanarkshire.

High Court of Justiciary 24 October 2016

Man who attacked dog walker with block of wood fails in ‘double jeopardy’ appeal

A man found guilty of assaulting a woman with a block of wood and a separate charge of carrying an offensive weapon in public has failed in an appeal against his conviction.

Sheriff Appeal Court 24 October 2016

Court of Session refuses Scotch Whisky Association appeal over minimum alcohol pricing

The Court of Session has refused an appeal by the Scotch Whisky Association (SWA) against the court's decision to refuse a judicial review of legislation introducing a minimum unit pricing (MUP) on alcohol.

Court of Session Inner House 21 October 2016

Slovenia lodges ECtHR application against Croatia

The government of Slovenia has lodged an application with the European Court of Human Rights over the actions of the Croatian judiciary and executive in relation to legal claims brought by a Slovenian bank.

European Court of Human Rights 21 October 2016

CJEU: Ireland’s procedure for accepting applications for subsidiary protection incompatible with EU law

The Court of Justice of the European Union (CJEU) has ruled that a 15-day time limit imposed by Ireland on failed refugee applicants to apply to the Minister for Justice and Equality for subsidiary protection, compromises the ability of applicants to avail themselves of the rights conferred on them by EU law, and can not reasonably be justified.

European Court of Justice 21 October 2016

Sheriff Appeal Court sets out test for remit to Court of Session after refusing motion

The Sheriff Appeal Court has refused a motion to remit an appeal to the Court of Session after ruling that the case would not set an “important precedent”.

Sheriff Appeal Court 20 October 2016

ECJ: Fixed-price system for prescription drugs breaks free movement rules

The European Court of Justice (ECJ) has ruled that a fixed-price system for the sale by pharmacies of prescription-only medicinal products for human use is incompatible with the free movement of goods.

European Court of Justice 20 October 2016