Case archive

Iraqi civilians fail in tortious claim against Ministry of Defence over maltreatment by British forces

Iraqi civilians who said they suffered at the hands of the British armed forces have failed in their tortious claim against the Ministry of Defence as a consequence of foreign time-bar rules.

UK Supreme Court 12 May 2016

Company loses VAT deduction appeal against HMRC at Supreme Court

The Supreme Court has dismissed a company’s appeal against HM Revenue and Customs’ (HMRC) contention the company was not entitled to deduct VAT on accountant’s fees as input tax under the contract.

UK Supreme Court 11 May 2016

Man who murdered flatmate sentenced to 17 years' imprisonment

At the High Court in Edinburgh yesterday, Lady Rae sentenced Gary Stevenson to life imprisonment with a punishment part of 17 years after he pleaded guilty to the murder of Katy Rourke at their shared flat in Govan.

10 May 2016

Judge refuses petition to remove ‘Independence Camp’ until hearing debate on ‘proportionality’

A legal bid to remove the so-called “Independence Camp” from the grounds of the Scottish Parliament will require a further hearing to determine whether such a move will breach the protestors’ human rights.

Court of Session Outer House 6 May 2016

Housebreaker who claimed DNA evidence was insufficient corroboration loses appeal against conviction

A man found guilty of a charge which libelled that he broke into a residential property and stole jewellery has failed in an appeal against conviction after claiming there was “insufficient evidence” to corroborate the theft.

High Court of Justiciary 5 May 2016

Luxembourg dismisses challenges against directive on tobacco products

The extensive standardisation of packaging, the future EU-wide prohibition on menthol cigarettes and the special rules for electronic cigarettes, embodied in the EU directive on tobacco products, are lawful, the Court of Justice of the European Union has ruled

European Court of Justice 4 May 2016

Gambler who lost £90,000 bet on Celtic match fails in legal challenge over bookmaker’s refusal to pay out

A gambler who lost more than £90,000 after placing an online bet on a Scottish football match has failed in a legal challenge over the bookmaker’s decision to refuse to pay out.

Court of Session Outer House 4 May 2016

Scots law firm awarded £100,000 in unpaid fees after former client fails in appeal

A Scottish law firm which sued a former corporate client for payment of over £100,000 in unpaid legal fees has won its action after the company lost an appeal.

Court of Session Inner House 3 May 2016

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