Case Reports

A man found guilty of sexually assaulting his niece and nephew but who claimed that the doctrine of “mutual corroboration” could not apply to the two offences has had an appeal against his conviction dismissed. The appellant argued that the first charge, which involved touching and massa

A legal action seeking a court order to force the Prime Minister to write a letter requesting a Brexit extension in the event that no deal has been agreed between the UK and the EU has been dismissed after a judge ruled that it was not required. The Court of Session held that it was unnecessary to g

A motorist who was fined and given six penalty points after being convicted of driving without insurance and who claimed there were “special reasons” for her licence not being endorsed has had her appeal dismissed. The complainer, who failed to appear in court on six occasions to argue h

A commercial property landlord has been granted a court order requiring a tenant to leave the premises after a judge ruled that the notice to terminate the lease, which gave a period of just under six months, was valid under common law. A judge in the Court of Session upheld the landlord’s cla

A severely disabled man who was sentenced to one year and eight months’ imprisonment after being convicted of sexual offences against children has successfully appealed against a sheriff’s decision to impose a custodial sentence. The appellant “RC”, who was born with spina bi

A man who was jailed for four years after being found guilty of domestic abuse offences has had an appeal against the custodial term imposed rejected. Josh McLean was sentenced to an extended sentence of six years, comprising a custodial element of four years and an extension period of two year

A man accused of behaving in a “threatening and abusive manner” by shouting and swearing at his ex-wife has successfully challenged an attempt to prosecute him after a sheriff had previously deserted an identical complaint against the accused pro loco et tempore. The appellant appealed a

A contractor which claimed the Scottish government acted unlawfully in giving taxpayers' money to a competitor in the purchase of a Highland industrial yard has had a £25 million damages action dismissed. LC Management Services (Scotland) Ltd claimed that the financial awards to Global En

A man who was found guilty of raping a family member but claimed that there was “insufficient evidence” that he lacked the “honest belief” that the complainer had consented has lost his appeal. The High Court of Justiciary Appeal Court ruled that the trial judge was “co

A woman who appealed a decision of the First-tier Tribunal for Scotland on the basis of her claim she did not have a private residential tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 has had her appeal refused by the Upper Tribunal for Scotland. Kate Affleck 

A man accused of breaching an order disqualifying him from acting as a company director who claimed that criminal proceedings raised against him were “time-barred” has had a legal challenge against his prosecution dismissed. The Sheriff Appeal Court refused an appeal by Stephen

The First-tier Tribunal for Scotland Housing and Property Chamber (FtT) was wrong to dismiss an application to hear a dispute as “frivolous and vexatious”, the Upper Tribunal for Scotland (UT) has ruled. The FtT had rejected the application as “misconceived and

Prime Minister Boris Johnson unlawfully prorogued Parliament, a full bench of the UK Supreme Court has unanimously ruled in a historic judgment. In court this morning, Lady Hale, President of the Supreme Court – sitting with Lord Reed, Deputy President; Lord Kerr; Lord Wilson; Lord Carnwath; L

A legal challenge against a decision by the statutory body responsible for overseeing elections and referendums in the United Kingdom not to open an investigation into the spending by the official Vote Leave campaign in connection with the Brexit vote has been dismissed following an appeal. The High

A lawyer who was seeking to challenge a decision by the Pensions Ombudsman to reject a complaint against a trustee over its handling of a sale of properties has been granted permission to bring an appeal despite missing the deadline by more than four months. A judge in the Court of Session