Case Reports

Lack of appropriate psychological care in the country of origin of a person who was tortured there in the past is not sufficient to allow that person to claim subsidiary protection, according to Advocate General Bot. A Member State does, however, retain its discretion to grant such a person admissio

A foreign student who was alleged to have breached a condition attached to his grant of a visa has successfully challenged a decision by the UK Government to curtail his leave to remain. A judge in the Court of Session ruled that the decision by the Home Secretary to issue a notice revoking Muhammad

Martin Kingston QC and Alasdair Sutherland (Instructed by Morton Fraser LLP) for the Appellant. Roy Martin QC and Alasdair Burnet (Instructed by Burness Paull LLP) for the Respondent. A strategic development planning authority has had its appeal over planning obligations unanimously dismissed by jus

A motorist who was fined and had his licence endorsed after pleading guilty to speeding has successfully appealed against a decision by appeal sheriffs to increase the financial penalty imposed. The Appeal Court of the High Court of Justiciary ruled that the Sheriff Appeal Court “erred in law” i

A woman who challenged a sheriff’s order to appoint a local authority social worker as her brother’s guardian has had her appeal against the decision dismissed. The Inner House of the Court of Session refused the appeal after rejecting the appellant’s argument that the mental health officer wh

Litigants who were seeking to enforce an award of payment from a court in Belgium will have to seek an alternative remedy after the registration of the judgment in the Court of Session was cancelled due to a “lacunae” in the law. A judge allowed an appeal against the grant of warrant for registr

An American couple who run a guest house in the Highlands have had a legal challenge against the refusal of their application for indefinite leave to remain in the UK rejected. A judge in the Court of Session upheld the decision of the Secretary of State for the Home Department in refusing Russell F

A Sudanese man who was refused leave to enter the United Kingdom to join his British wife and children has failed in an appeal against the decision. The Inner House of the Court of Session ruled that Sami Ahmed had failed to show an error of law on the part of the First-tier Tribunal in dismissing h

Provisions of the State Immunity Act 1978 preventing employees of foreign embassies bringing claims for compensation again employer states are unlawful, the UK Supreme Court has ruled. Judgment was handed down yesterday in the case of Janah v Secretary of State for Foreign and Commonwealth Affairs a

The UK Supreme Court has allowed an appeal by the Director of Public Prosecutions against the finding of the High Court in Northern Ireland that the DPP’s decision not to remit dishonest witnesses for re-sentencing was contrary to the interests of justice. Overturning the High Court's finding that

A party litigant who was sued by a company over an unpaid invoice has had an appeal against a sheriff’s decision to grant decree by default dismissed after he failed to lodge defences or appear in court to defend the action. The Sheriff Appeal Court ruled that the appellant had “failed to engage

A Scots lawyer who failed to pass on information from the legal aid board to a client in order to progress a medical negligence claim against the NHS has been found guilty of professional misconduct. The Scottish Solicitors’ Discipline Tribunal (SSDT) also fined Raymond Mallon, 50, for causing his

A Gambian “overstayer” who claimed asylum after becoming liable to deportation following a conviction for a drugs-related offence has successfully challenged the Home Secretary’s decision to reject his application for asylum. The petitioner’s original claim that he was a homosexual and that

A prisoner has been refused permission to appeal against certain aspects of judge’s decision in his legal action against prison authorities for opening letters addressed to him. William Beggs, the so-called “Limbs in the Loch” murderer, is seeking £5,000 damages from the Scottish Ministers ov

A car insurance company which sought to avoid paying a claim on the basis that the owner of the vehicle had given a false address on his application form has had its legal bid to avoid the policy rejected. The motorist had stated on his form that his address was at a house in Giffnock, when there wa