Case archive

Luxembourg: Decision to confer unlimited implied guarantee annulled over failure to prove economic advantage

The General Court has annulled the Commission’sdecision classifying the unlimited implied guarantee granted by France to one of its public establishment as state aid. The Commission failed to explain or prove that that guarantee has the effect of conferring an actual economic advantage on the Institut Français du Pétrole.

European Court of Justice 26 May 2016

Scots conveyancing lawyer fined £2,500 for ‘professional misconduct’ over ‘blatant rip off’ of mortgage lenders

A Scottish conveyancing solicitor who acted in a series of transactions where the loan paid by the mortgage lender to the purchaser of the property “significantly exceeded” the actual price paid to the seller has been found guilty of “professional misconduct”.

26 May 2016

Luxembourg: Advocate General recommends Rubik's Cube trade mark be declared invalid

The EU trade mark representing the shape of a Rubik’s Cube must be declared invalid on the basis it covers the generic function of the product and could therefore frustrate competition according to an Advocate General of the Court of Justice of the European Union.

European Court of Justice 25 May 2016

Supreme Court denies expats Brexit vote

Over a million British expats have been denied the right to vote in the EU referendum following a ruling of the Supreme Court that people who have lived outside of the UK for more than 15 years cannot vote on June 23.

25 May 2016

Man convicted of wilful fire-raising charges fails in ‘insufficient evidence’ appeal

A man found guilty of charges of wilful fire-raising who claimed there was “insufficient evidence” of identification of him as the perpetrator of the offences has failed in an appeal against conviction and sentence.

High Court of Justiciary 25 May 2016

Retired Scots lawyer struck off after being caught with child sex abuse images

A Scots lawyer convicted of making and sharing indecent images of children has been struck off the solicitors’ roll after being found guilty of “professional misconduct”.

24 May 2016

Mature student denied loan suffered age discrimination, as judge rules regulations restricting support to under 55s is ‘ultra vires’

Scottish secondary legislation restricting student loans to under 55s breaches the right against age discrimination and is therefore “ultra vires”, a judge in the Court of Session has ruled.

Court of Session Outer House 23 May 2016

Life prisoner fails in human rights legal challenge over failure to provide opportunity for rehabilitation

A man serving a sentence of life imprisonment for murder who claimed that the prison service has failed to provide him with a reasonable opportunity to rehabilitate himself has had a petition for judicial review dismissed by a judge in the Court of Session.

Court of Session Outer House 20 May 2016

HM Inspector of Health & Safety loses appeal against tribunal’s decision to cancel prohibition notice

Health and safety inspectors have failed in an appeal against a tribunal’s decision to cancel a prohibition notice issued to a North Sea oil company.

Court of Session Inner House 19 May 2016

Supreme Court allows appeal for maintenance of interim injunction in celebrity threesome case

The Supreme Court has unanimously granted a celebrity permission to appeal the discharge of an interim injunction regarding his sexual encounters and, by a majority, has allowed the appeal.

UK Supreme Court 19 May 2016

SSDT: solicitor guilty of professional misconduct in 14 transactions

The Scottish Solicitors’ Discipline Tribunal (SSDT) has found a former solicitor guilty of professional misconduct in relation to 14 transactions, having considered the complaint against her dated 15 January 2015 at the instance of the Council of the Law Society of Scotland.

18 May 2016

High Court judge issues note on ‘unique’ death by dangerous driving case where two accused were sitting in driver’s seat

A High Court judge has issued a note following the conviction of a couple who were was charged with causing death by dangerous driving while both were sitting in the driver’s seat, after one of the two accused claimed he was not “driving” the vehicle at the material time.

High Court of Justiciary 18 May 2016

Crown wins appeal against JP’s decision to refuse motion to adjourn trial and for witness warrant

Prosecutors have successfully challenged a decision by a justice of the peace to refuse a motion to adjourn an assault trial and for a warrant to arrest a corroborating witness who had moved to London and was avoiding service.

Sheriff Appeal Court 17 May 2016

Appeal court rules motorcyclist was more to blame for late night crash with milk tanker

A motorcyclist who had his leg amputated following a late night road traffic accident in which he crashed into a milk tanker that was lit up “better than a Christmas tree” was more to blame than the driver of the other vehicle, appeal judges have ruled.

Court of Session Inner House 16 May 2016

Appeal judges refuse environmental charity’s application for protective expenses order in wind farm challenge

An environmental charity which is challenging plans for a wind farm development in Invernesshire has had an application for a protective expenses order refused following an appeal.

Court of Session Inner House 13 May 2016