Case Reports

Courts can, in appropriate cases, devise a remedy to protect the good faith purchaser in a gratuitous alienation, the Supreme Court has concluded in a case that turned on the meaning of “adequate consideration” in the Insolvency Act 1986 and which has been remitted to the Inner House of

A Scots lawyer has partially succeeded in an appeal against a decision by the Scottish Legal Complaints Commission (SLCC) to refer two “time-barred” complaints against him to the Law Society of Scotland for investigation. Solicitor Calum MacGregor challenged the SLCC&

A man found guilty of rape and child sex offences who claimed that a Sexual Offences Prevention Order (SOPO) made in advance of his release from prison was null and void because it failed to specify a period for which it would apply has had an appeal against his conviction for breaching the order di

A man serving a life sentence for murder who claimed that his human rights were breached after his “confidential” letters were opened by prison officers has had a £5,000 damages action dismissed. “Limbs in the Loch” murderer William Beggs raised a petition for

The leader of the Liberal Democrats has been granted interim interdict to prohibit a Scottish National Party rival from distributing an election leaflet which claimed she had “accepted a £14K donation from a fracking company”. Jo Swinson argued that the statement, which was contain

A former coach of Celtic Boys Club who was jailed after being found guilty of a series of historical child sex offences has had his conviction on one of the charges quashed after prosecutors failed to disclose evidence of the complainer’s criminal record. The Appeal Court of the High Cour

A former forestry worker who sued two companies which manufactured the components used in his hip replacements 10 years ago has had his action for damages dismissed. John Hastings, 64, claimed that the metal on metal (MoM) total hip replacements (THR) used in his operations were “defective&rdq

A motorist who was fined £500 after being convicted of driving without a valid licence and without insurance has failed in an appeal to have the financial penalty reduced. The appellant claimed that the sentence imposed was “excessive” because it would take nearly two years to repa

The Royal Bank of Scotland has had an appeal rejected against a decision that it could not avoid paying out a successful payment protection insurance (PPI) mis-selling claim to a loan customer who became insolvent. The Inner House of the Court of Session upheld a decision of the

A Nigerian businessman who was refused indefinite leave to remain in the UK despite living here for more than a decade due to tax discrepancies has been granted permission to appeal against the decision to refuse his application. A judge in the Court of Session ruled that the Upper Tribuna

Judges presiding over solemn cases have been reminded not to take over the role of “cross-examiner” of witnesses, particularly in trials involving allegations of serious sexual offending. The Criminal Appeal Court warned that judges who repeatedly intervene by questioning a wit

Two men found guilty of producing psychoactive substances on an industrial scale following the introduction of new legislation to tackle the rising use of so-called “legal highs” have had appeals against their convictions rejected. Scott McGaw was sentenced to five years’ impr

A publishing company which sued a former employee for more than £100,000 after she fell victim to a “whaling fraud” has failed in a legal action to recover the funds. Peebles Media Group raised an action against its former credit controller Patricia Reilly, claiming she w

A motorist who was jailed after being found guilty of causing “serious injury by dangerous driving” has had his custodial sentence reduced following an appeal. Twenty-one-year-old Kyle Stewart, who was 19 at the time of the offence, claimed that his sentence of two years’ impr

A man accused of rape and other historical child sexual offences against his sister as well as allegedly raping his former fiancée will face trial on the charges after prosecutors successfully challenged a judge’s decision to uphold a “no case to answer” submission. The tria