Case archive

Retired lawyer wins dispute with former partners for share of whole firm assets

A retired lawyer has won a dispute with his former partners in a solicitors’ firm over his entitlement to a share of the partnership assets.

Court of Session Outer House 29 April 2016

Sheriff Appeal Court has ‘no power’ to remit to a sheriff to ‘substitute a competent sentence’, appeal judges rule

A decision by the Sheriff Appeal Court to remit a case of a man convicted of a road traffic offence to the sentencing sheriff to alter the disposal and impose a competent sentence was not within its powers, appeal judges have ruled.

High Court of Justiciary 28 April 2016

Mentally ill asylum seeker ex-convict fails in attempt to have period of detention declared unlawful

A mentally ill Nigerian asylum seeker who was detained pending deportation and who sought a declaration that a period of her detention was unlawful, in addition to damages, has had her appeal to the Supreme Court unanimously dismissed – as the court also declared R (Francis) was wrongly decided.

UK Supreme Court 27 April 2016

Grand Chamber unanimously holds that murderer's article 3 right was violated over release prospects

The European Court of Human Rights has held, unanimously, that there was a violation of article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights in the case of convicted murderer, James Clifton Murray who complained he was serving a life sentence without any realistic prospect of release (the principal facts and earlier procedure are available here).

European Court of Human Rights 27 April 2016

Man who killed wife refused access to documents in negligence claim against health board over failure to admit him to psychiatric hospital

A man detained in the state hospital after killing his wife, who subsequently raised an action for reparation against a health board over a doctor’s alleged failure to admit him to a psychiatric unit the day before he stabbed his spouse to death, has failed in a bid to recover documents he claimed would have supported his case.

Court of Session Outer House 27 April 2016

OLR prisoner fails in legal challenge over alleged failure to provide opportunity for rehabilitation

A convicted rapist subject to an order for lifelong restriction who claimed that the prison service breached his human rights by failing to provide him with an opportunity to rehabilitate himself has had a petition for judicial review dismissed.

Court of Session Outer House 26 April 2016

Third time lucky: General Court confirms Commission decision over alumnia tax repayments

of the formal investigation procedure and, on the other, the aid schemes had not been notified to the Commission in any way.

22 April 2016

Crown loses appeal against disclosure order after appeal judges rule access to productions is for court to determine

Prosecutors have failed in an appeal against a judge’s decision to order the disclosure of recordings of interviews of two complainers in a sex abuse case after appeal judges ruled that such label productions are subject to the control of the court, not the Crown.

High Court of Justiciary 22 April 2016

Foster carer fails in legal challenge over deregistration following unfounded allegation against husband

A foster carer who was deregistered by a Scottish local authority after an unfounded allegation was made against her husband by a child in their care has had a legal challenge against the council’s decision dismissed.

21 April 2016

Algerian national's detention pending deportation decision was not unlawful, rules Supreme Court

The detention of an Algerian national who acquired permanent residence in 2003 and 28 criminal convictions by 2012, pending a decision to deport him, was not unlawful, the Supreme Court has ruled – as it additionally declined to make a preliminary reference to the Court of Justice of the European Union (CJEU).

UK Supreme Court 20 April 2016

Judges rule ‘very little required to corroborate single positive identification’ in refusing appeal against statutory breach of the peace conviction

A man found guilty of a statutory breach of the peace who claimed there was “insufficient proof” that he committed the offence has had an appeal against conviction refused.

High Court of Justiciary 20 April 2016

Alleged historic child sex abuse victim’s claim ‘extinguished by long negative prescription’

A man who alleged that he was sexually abused as a child in a Catholic boarding school more than 50 years ago will not be allowed to pursue his claim.

Court of Session Outer House 19 April 2016

Parents of brain damaged child fail in medical negligence appeal despite ‘inadequate’ judgment

The parents of a child who suffered brain damage during birth have failed in a challenge to a judge’s decision to refuse their claim for damages against a health board over hospital’s staff’s alleged negligence.

Court of Session Inner House 15 April 2016

Bills of suspension against warrants remain subject to High Court jurisdiction, appeal judges rule

Bills of suspension against incidental warrants such as those to take samples or to search remain subject to the “supervisory jurisdiction” of the High Court of Justiciary rather than the Sheriff Appeal Court, appeal judges have ruled.

High Court of Justiciary 14 April 2016

Failure to investigate Roma woman's allegations of racial abuse from right-wing paramilitary violated article 8, rules Strasbourg

A Hungarian national of Roma origin’s complaint that the authorities failed to investigate allegations she suffered racial abuse and threats from participants in an anti-Roma march has been upheld by a majority at the European Court of Human Rights.

13 April 2016