Case Reports

A vulnerable woman who was made the subject of a hospital-based care and treatment order has had an application to prevent disclosure of her identity dismissed by appeal judges. The mental health patient, who had lodged an appeal against a decision of the Mental Health Tribunal for Scotland&nbs

A house-builder has successfully appealed against a Scottish local authority’s decision to refuse planning permission for a new residential development. Persimmon Homes’ application for a 62-home development on a brownfield site in Dundee was refused by Dundee City Council, a d

A man found guilty of murder after taking a cocktail of drink and drugs who claimed that he was suffering from “abnormality of mind” at the time of the killing has had an appeal against his conviction rejected. Nicholas Rodgers, who was sentenced to life imprisonment with a punishment pa

An appeal against an ouster clause preventing judicial review of a decision of the Investigatory Powers Tribunal (IPT) has succeeded in the Supreme Court, which allowed the appeal by a majority. Lord Carnwath gives the lead judgment, with which Lady Hale and Lord Kerr agree. Lord Lloyd-Jones gives a

A simple procedure claim cannot be combined with another action where the value exceeds £5,000, a sheriff has ruled. A car finance company had raised an action against a customer seeking delivery of a vehicle worth more than £30,000 and an enforcement order under the Consumer Credit

Correspondence between a senior prosecutor and in-house lawyers at the Crown Office relating to proceeds of crime proceedings against a former administrator of Rangers Football Club “oldco” is protected by “legal advice privilege” and therefore exempt from disc

A man found guilty of attempted rape who failed to lodge an appeal within the statutory time limits has had an application for an extension of time to challenge his conviction rejected. The Appeal Court of the High Court of Justiciary refused the application after noting that the applicant

Two single parent asylum seekers who claimed that the reduction in the level of financial support available to them was “unlawful” have had their appeal rejected. The Inner House of the Court of Session upheld a judge’s decision to dismiss a legal challenge to changes in

A man who was jailed for four years after pleading guilty to serious and violent assaults against his former partner has failed in an appeal to have his sentence reduced. The Appeal Court of the High Court of Justiciary rejected the appellant’s claim that he ought to have been given

A Polish national convicted of a series of offences and accused of other crimes in his home country who claimed that extradition to Poland would breach his human rights has had his legal challenge dismissed in a test case. Patryk Maciejec, 27, argued that new laws and procedures brought in by t

A dog-owner who challenged a sheriff’s decision to order the destruction of her pet Bullmastiff after it attacked a passer-by and another dog has had her appeal dismissed. The Appeal Court of the High Court of Justiciary rejected the argument that the sheriff ought to have imposed a

A mother who was found guilty of assaulting two police officers who unlawfully entered her home and tried to detain her has successfully appealed against her conviction. The High Court of Justiciary ruled that the sheriff’s decision to convict, which was upheld by the Sheriff Appeal

A carer who sued a local newspaper for defamation has had an appeal against a sheriff’s decision to dismiss the claim rejected. The Sheriff Appeal Court upheld the sheriff’s decision after ruling that there was “no basis” for finding that the article was defamatory.

A disgruntled litigant whose complaints against a Scots lawyer and a law firm were rejected as time-barred has had an appeal against the decision dismissed. A judge in the Inner House of the Court of Session held that the Scottish Legal Complaints Commission (SLCC), in exercise of its “gatekee

A man accused of the rape of woman while she was asleep who claimed that he had the consent of the complainer has had his appeal rejected. The High Court of Justiciary Appeal Court ruled that the terms of the legislation were “clear” that a person cannot consent to conduct while she is a