Case archive



Home Secretary wins appeal against Lord Ordinary’s decision on application for leave to remain

The Home Secretary has successfully challenged a Scottish judge’s decision that her refusal of a Pakistani national’s application for leave to remain in the UK was unlawful.

Court of Session Inner House 29 April 2015

Man found guilty of having indecent images of children fails in appeal but has extended sentence quashed

A man found guilty of exchanging sexually explicit mobile phone messages with a 13-year-old girl and having in his possession thousands of indecent images of children on his computers has failed in an appeal against conviction but successfully challenged the sentence imposed.

28 April 2015

Court’s ‘inherent power’ does not extend to granting ‘ad hoc’ rights of audience, Inner House rules

Counsel from other jurisdictions must join the Scottish Bar if they wish to appear in Scotland’s supreme courts, judges have ruled, in refusing an application from an English barrister seeking rights of audience.

Court of Session Inner House 27 April 2015

Client who claimed Scots legal firm ‘acted without authority’ in concluding missives sues lawyers

A client of a Scottish legal firm who failed to pay the purchase prices for three houses but claimed that solicitors “acted without his authority” in concluding the missives for the properties is suing the lawyers for nearly £200,000 after he settled an action brought against him by the developers.

Court of Session Outer House 24 April 2015

Upper Tribunal orders return of asylum seeker and son to UK after ‘unlawful’ removal to Nigeria

An asylum seeker who was deported to Nigeria with her five-year-old son will be returned to the UK after appeal judges ruled that the Home Secretary failed to consider the “best interests” of the child when ordering their removal.

23 April 2015

Highlands and Islands Airports’ £14m action against Shetlands Islands Council to go to full hearing

Highlands and Islands Airports has been granted a full hearing in its £14 million action for damages against Shetlands Islands Council over alleged “defects” in the local authority’s works to extend the runway at Sumburgh Airport.

22 April 2015

Pakistani man who married British woman wins human rights challenge over leave to remain

A Pakistani national who married a British woman but was refused leave to remain in the United Kingdom after his visa expired has successfully challenged that decision on human rights grounds.

Court of Session Inner House 21 April 2015

Former football club director’s action for repayment of loans refused

A former director of a Scottish Championship football team who loaned more than £200,000 to the club has failed in a legal action to recover the money.

20 April 2015

Celtic fans convicted of ‘offensive behaviour at football’ for singing ‘Roll of Honour’ fail in Article 7 ECHR appeal

Two Celtic supporters who claimed their human rights had been breached after they were convicted under legislation designed to tackle football-related sectarianism for singing a pro-IRA and INLA song during a match have lost their appeal.

High Court of Justiciary 16 April 2015

Drink-driver loses appeal against conviction following admission despite 'no independent corroboration' claim

A man who drove a seriously intoxicated woman to A&E where he told a nurse that he had also been drinking and taking drugs and admitted to police officers that he had driven to the hospital has lost an appeal against his conviction for drink-driving.

High Court of Justiciary 15 April 2015

Woman fined for using ‘racist phrase’ has sentence quashed after judges question prosecution and conviction

A woman who was fined £1,000 after being found guilty of a “racially aggravated offence” has had her sentence quashed after appeal judges said they had “difficulty” in comprehending why she was prosecuted in the first place.

High Court of Justiciary 14 April 2015

Divorced man’s payments to ex-wife could not be ‘ascribed’ to arrears of aliment, judge rules

A divorced father-of-two who was sequestrated after failing to meet his maintenance commitments towards his ex-wife and children has had a petition for suspension of a charge for payment and interdict refused.

Court of Session Outer House 13 April 2015

Community council granted protected expenses order ahead of appeal against local authority decision

A community council has been granted a protected expenses order limiting its liability for the costs of a legal action challenging a decision of a local authority.

Court of Session Outer House 10 April 2015

Homeless family wins Supreme Court appeal to stay in London

A single mother-of-five has successfully challenged a council’s decision that it had discharged its duty to house her homeless family by offering accommodation in another local authority area more than 50 miles away.

UK Supreme Court 7 April 2015

Morton Fraser wins medical negligence case after six year battle

In a Court of Session judgement issued on Thursday,Morton Fraser was successful in securing substantial damages for its client injured when her artery was punctured during a routine procedure at Falkirk & District Royal Infirmary in 2009.

7 April 2015