Case archive

Article 6 rights of man served with foreign judgment not engaged

The Secretary of State was not obligated, under the circumstances, to investigate the consequences of serving a foreign judgment on an Egyptian national.

UK Supreme Court 7 July 2016

Formality over functionality: an appeal based on inadequate employee liability dismissed by Supreme Court’

The sole director of a company which failed to provide adequate insurance for its employees was not personally liable in damages to the appellant who suffered an injury while working.

Court of Session Inner House 6 July 2016

North Ayrshire Council trigger landmark landlord case

A Largs letting agent has become the first in Scotland to be sanctioned for breaching rules that secure the deposits of their tenants.

4 July 2016

Scottish Ministers found in contempt of court again after prison service's second breach of undertaking not to open inmate’s mail

The Scottish Government has been found in contempt of court again after prison officers breached, for a second time, an undertaking not to open an inmate’s letters.

Court of Session Outer House 1 July 2016

Man wins appeal against sexual assault conviction due to lack of corroboration of actus reus

A man found guilty of sexual assault has successfully appealed against his conviction after appeal sheriffs ruled that there was no corroboration of the complainer’s account.

Sheriff Appeal Court 30 June 2016

Supreme Court: Challenge to prohibition on settlement of British Indian Ocean Territories dismissed

A challenge to a 2008 decision endorsing a prohibition on settlement of the British Indian Ocean Territories has been dismissed by the Supreme Court.

UK Supreme Court 29 June 2016

Appeal challenging sheriff’s findings in fact in making residence order refused as ‘entirely devoid of merit’

An appeal which sought to challenge a sheriff’s decision to grant a residence order on the basis that the sheriff erred in making certain findings in fact has been dismissed as “entirely devoid of merit”.

Sheriff Appeal Court 28 June 2016

Scots lawyer fails in challenge against complaints commission's decision to allow late complaint

A Scots lawyer who challenged a decision by the Scottish Legal Complaints Commission to allow a late complaint from an expert witness over the solicitor's firm's alleged failure to pay a fee of £15,000 has had her application for leave to appeal dismissed.

Court of Session Inner House 27 June 2016

Mike Ashley’s company to pay SFA and Dave King’s expenses following abandoned legal action over ‘fit and proper’ ruling

Mike Ashley has been ordered to pay the expenses of the Scottish Football Association and Dave King after his petition for judicial review of a decision of football’s governing body to approve the Rangers chairman as a “fit and proper person” to hold the position of director of Rangers International Football Club Plc was dismissed.

Court of Session Outer House 24 June 2016

Small business owner wins 'exceptional hardship' appeal against driving ban

The owner of a small business who was banned from the road for six months after being caught driving while using a mobile phone has successfully appealed against his disqualification.

Sheriff Appeal Court 23 June 2016

Sri Lankan's asylum application referred to CJEU as no authorities on point

A former member of the Tamil Tigers who claimed asylum under an EU directive on the basis he would face torture if returned to Sri Lanka has had his application referred to the Court of Justice of the European Union as no authorities are on point.

UK Supreme Court 23 June 2016

Sheriff Appeal Court goes against findings of first instance judge on evidence of Crown witnesses to allow appeal against conviction

A man who was given a community payback order after being found guilty of a statutory breach of the peace by striking the windscreen of a car with a metal bar has won an appeal against his conviction.

Sheriff Appeal Court 22 June 2016

Transferees of gratuitous alienations fail in appeal to Supreme Court

A company and individual who accepted the transfer of four properties – challenged by joint administrators of the transferor companies as gratuitous alienations – have had their appeal to the Supreme Court against a decision of the Inner House of the Court of Session dismissed.

UK Supreme Court 22 June 2016

ECJ Advocate General: Rental and lending rights in respect of books also apply to ebooks

The rental and lending rights in respect of books also applies to electronic books according to an Advocate General of the European Court of Justice.

21 June 2016

Council’s appeal against sheriff’s post-adoption contact order refused by Sheriff Appeal Court

A Scottish local authority that was granted a permanence order in respect of a child, but challenged a sheriff’s decision to order that contact take place between the boy and his father four times a year rather than two, has had its appeal refused in the first published civil case judgment of the Sheriff Appeal Court.

Sheriff Appeal Court 20 June 2016