Case archive

Part-time judge fails in appeal for pension entitlement to be backdated

A part-time judge who claimed that his pension should be calculated on the basis of his sitting days since he was appointed rather than the date on which an EU law protecting part-time-time workers from being treated less favourably than equivalent full-time workers came into force in the UK has had an appeal refused.

England and Wales Court of Appeal 7 October 2015

Motorist who caused death of friend by dangerous driving fails in appeal against sentence

A motorist who was jailed for six years and banned from driving for eight years after being found guilty of causing death of a “close friend” by dangerous driving has had an appeal against sentence refused.

Appeal Court of the High Court of Justiciary 6 October 2015

Baby-shaking assault father successfully challenges ‘excessive’ sentence

A father who left his baby daughter brain-damaged after shaking her and throwing her down on to a couch in a “deliberate and violent assault” has had his seven-and-a-half year prison sentence reduced following an appeal.

High Court of Justiciary 5 October 2015

High Court judge makes gagging order to stop press publishing details of Liam Gallagher and Nicole Appleton’s divorce proceedings

A High Court judge has made a “gagging order” prohibiting the media from publishing details of the divorce proceedings between Liam Gallagher and Nicole Appleton.

England and Wales High Court 2 October 2015

Appeal judges uphold ‘loss of society’ damages award but rule mother of dangerous driving victim was not a ‘secondary victim’

A motorist who was sued by the mother of a man he killed in a road traffic accident has been partially successful after appealing against the level of damages awarded to the woman.

Court of Session Inner House 30 September 2015

Election Court rules s106 of Representation of the People Act 1983 is engaged by ‘self-talking’

The legislative provision which makes it an “illegal practice” to make or publish false statements about any candidate during an election campaign can apply to “self-talking” as well as attacking another candidate, judges have ruled.

29 September 2015

Indian ‘overstayer’ fails in human rights challenge against removal from UK

An “overstayer” who claimed that his removal from the UK to India would breach his human rights because he was engaged to a British woman has had a petition for judicial review dismissed.

Court of Session Outer House 28 September 2015

Father who abducted son fails in judicial review challenge against council’s decisions over children’s care

A father-of-two who was jailed after being found guilty of abducting one of his sons has had an application for judicial review of decisions made by a Scottish local authority in respect of the children’s care refused.

Court of Session Outer House 25 September 2015

Commercial property tenant’s rights in lease with landlord ended on dissolution, judges rule

The owner of a hotel which was struck off the Companies Register and dissolved has failed in an appeal against a decision that its tenancy agreement with its landlord ended on its dissolution.

Court of Session Inner House 22 September 2015

Law firm sues ‘Solicitors from Hell’ website for damages over defamatory statements

A law firm which was described as “shameless, corrupt, fraudulent, dishonest, unethical, incompetent and oppressive” has been awarded damages from the operators of a spin-off of the “Solicitors from Hell” website after a judge ruled that the comments were defamatory.

England and Wales High Court 18 September 2015

Investment manager who left company for competitor entitled to share of profits with former colleagues, appeal judges rule

An investment manager who lost his right to share in future profits of funds he and other colleagues invested in after he left his company for a “competitor” has won a legal dispute after judges dismissed an appeal by his former employers.

Court of Session Inner House 15 September 2015

Man who murdered wife loses ‘defective representation’ appeal but judges call for change in solicitor advocate instruction rules

The Criminal Appeal Court has “very strongly” suggested that consideration should be given to changing the rules on the instruction of solicitor advocates, in disposing of an appeal claiming “defective representation”.

Appeal Court of the High Court of Justiciary 10 September 2015

Judicial review of Lord Advocate’s policy on assisted suicide refused

A disabled man who is seeking to end his own life but is “apprehensive” that anyone who assisted him to commit suicide would risk criminal prosecution has failed in a legal bid to force Scotland’s prosecution service to publish guidance on its policy.

Court of Session Outer House 9 September 2015

Pre-action requirements not designed to prevent mortgage lender recovering full debt, Inner House rules

A mortgage lender is entitled to serve calling-up notices to secure repossession and sale of a property where the creditor has considered possible alternative payment arrangements and it is clear that there is no prospect of the debtor being able to fulfil their financial obligations under the standard security.

Court of Session Inner House 8 September 2015

Karen Buckley's 'callous and calculating' murderer sentenced to 23 years' imprisonment

At the High Court in Glasgow today, Lady Rae, sentenced Alexander Pacteau, 21, to life imprisonment for his “brutal, senseless” and “motiveless" murder of Irish student Karen Buckley with a punishment part of 23 years after the accused pled guilty to the murder.

8 September 2015