Case archive

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

Luxembourg: hyperlinking to website infringing copyright is not itself infringement

Advocate General Wathelet of the Court of Justice of the European Union (CJEU) has stated the posting of a hyperlink to a website which published photos without authorisation does not in itself constitute a copyright infringement. The motivation of the person who placed the hyperlink and the fact that this person knew or should have known that the initial communication of the photos on other sites was not authorised are not relevant.

European Court of Justice 12 April 2016

Luxembourg: EAW must be deferred where there is real risk of inhuman or degrading treatment

The execution of a European Arrest Warrant must be deferred if there is a real risk of inhuman or degrading treatment because of the conditions of detention of the person concerned in the member state where the warrant was issued.

6 April 2016

Motorist given eight penalty points on licence for ‘tailgating’ offence loses appeal against ‘excessive’ sentence

A motorist who was given eight penalty points on his driving licence after being convicted of “tailgating” another vehicle on a motorway has failed in an appeal against what he claimed was a “manifestly excessive” sentence.

Sheriff Appeal Court 6 April 2016

Sheriff did not misdirect jury in describing knives as ‘weapon’, appeal court rules

A man found guilty of carrying an “offensive weapon” in public after witnesses saw him brandishing two knives and chasing youths in a street “as if he was going to stab someone” has failed in an appeal against conviction.

High Court of Justiciary 5 April 2016

Crown not obliged to investigate special defence of incrimination or disclose incriminee’s details, appeal court rules

A man found guilty of being concerned in the supply of cocaine who lodged a special defence of incrimination which he later had to withdraw due to a lack of evidence to support it has failed in an appeal against conviction after claiming that prosecutors failed in their duty to disclose information relating to the incriminee.

High Court of Justiciary 1 April 2016

UK's failure to prosecute over fatal De Menezes shooting did not violate article 2

The European Court of Human Rights (ECtHR) has ruled 13-4 that there was no violation of article 2, the right to life - investigation, of the European Convention on Human Rights, regarding the UK's failure to prosecute anyone after police fatally shot Jean Charles de Menezes, a Brazilian national mistaken for a suicide bomber, in the wake of 7/7.

31 March 2016

‘Limbs in the Loch’ killer William Beggs fails in appeal against decision to refuse FOI request for information relating to police murder inquiry

The man convicted of the “limbs in the loch” murder has had an appeal against a decision of the Scottish Information Commissioner concerning a freedom of information request he made to the former Strathclyde Police over its handling of the murder inquiry refused.

Court of Session Inner House 31 March 2016