Case Reports

g such an attack. In these circumstances, the sheriff was entitled to take the view that there was no evidence from which it could be inferred that the appellant might have been acting in self-defence.” In relation to the sentence imposed it was argued that although a custodial sentence was approp

Organisms obtained by mutagenesis are, in principle, exempted from the obligations in the Genetically Modified Organisms Directive, according to Advocate General Bobek. Member states are free to adopt measures regulating such organisms provided they respect overarching principles of EU law.

A freight forwarder found guilty of being concerned in the supplying of cocaine who claimed that his detention by police and recovery of his mobile phone was “unlawful” has had an appeal against his conviction refused after he failed to give notice of his objection to the admissibility of the ev

A former partner in a property letting department of a firm of chartered surveyors who was interdicted from soliciting business from any company clients with which he had dealings after he set up a rival agency has successfully appealed against a decision that he was in breach of the court’s order

A man who was given an order for lifelong restriction after being convicted of attempted murder has had an appeal against his sentence refused. It was argued that the sentencing judge erred in concluding that the appellant met the “risk criteria”, but the Appeal Court of the High Court of Justic

An appeal against conviction in which counsel for the appellant made “serious allegations” of impropriety against the trial judge and advocate depute has been dismissed after appeal judges ruled that the claims were “unfounded”. The Appeal Court of the High Court of Justiciary also expressed

The term "spouse" includes a spouse of the same sex for the purposes of European free movement, even in member states whose laws do not provide for same-sex marriage, according to Advocate General Melchior Wathelet. Although member states are free to authorise marriage between persons of the same se

The Crown has successfully appealed against a judge’s decision to refuse an attempt by prosecutors to include evidence of alleged sexual offences which were previously held to be “time-barred” in a docket in an indictment libelling other sex crimes. In a landmark ruling, the Appeal Court of th

. That is unfair.”

Trustees of the Scottish Solicitors Staff Pension Fund who raised an action against a legal firm and its former partners to recover a £90,000 deficit in the fund have had their claim dismissed. A judge in the Court of Session ruled that the trustees failed to plead a relevant case in law.

A provision in criminal proceedings which allows a party to serve a statement of uncontroversial evidence (SUE) on the other party is available in extradition proceedings, a sheriff has ruled. Sheriff Nigel Ross held that the procedure outlined in section 258 of the Criminal Procedure (Scotland) Act

A Scottish woman who was struck by a motorcyclist after an afternoon of drinking in a pub while on holiday in Spain will have any damages awarded to her reduced after she was found to have “materially contributed” to the accident. A sheriff in the All-Scotland Sheriff Personal Injury Court ruled

A child abuse victim who is suing a victim support charity over its handling of his claim for criminal injuries compensation has been granted a proof before answer in his £100,000 damages action. A sheriff ruled that the charity owed the victim a “duty to exercise reasonable skill and care” in

A panel which regulates company takeovers has been granted a court order requiring the chairman of Rangers Football Club to make an offer for all the issued ordinary share capital of Rangers International Football Club Plc not already controlled by him. A judge in the Court of Session found in favou

A Scottish bus driver facing extradition to Dubai to serve a sentence of 12 months’ imprisonment following his conviction of crimes of dishonesty has successfully challenged a bid to remove him to the United Arab Emirates after he argued that his human rights would be breached. Garnet Black, 64, f