Case Reports

Two professional footballers who were found to have raped a woman after a judge ruled she was “incapable of consenting” due to the effects of alcohol have had an appeal against the decision dismissed. David Goodwillie and David Robertson were ordered to pay damages of £100,000 to Denise Clair a

A legal firm which sought to challenge a decision by the Scottish Legal Complaints Commission (SLCC) to admit a number of complaints to further investigation has been refused leave to appeal to the Court of Session. A judge refused the firm’s application after ruling that there was “no arguable

A Scots lawyer who was jailed for embezzling more than £260,000 from his aunt has been struck off the roll of solicitors after being found guilty of “professional misconduct”. William Walls was struck off following a separate complaint to the Scottish Solicitors' Discipline Tribunal (SSDT), whi

A party litigant who sought leave to appeal against a Sheriff Appeal Court decision refusing to allow his appeal to be received late has had his application dismissed by the Court of Session. The applicant had missed the deadline to lodge his ground of appeal in time by six days due to illness and a

A man who pled guilty to assault at a trial diet having previously offered to plead has successfully appealed against the sentence imposed after challenging the level of discount afforded by the sentencing sheriff. The Appeal Court of the High Court of Justiciary ruled that the sheriff “misdirecte

A challenge to the competency of a reclaiming motion which was designed to review not the interlocutor appealed against but an earlier interlocutor has been dismissed. The Inner House of the Court of Session repelled the objection after ruling that there was a “direct relationship” between the t

A teenager found guilty of raping a younger boy and sexually assaulting a girl has had an appeal against his conviction refused after judges rejected his argument that the doctrine of “mutual corroboration” could not apply in his case. The Appeal Court of the High Court of Justiciary held that t

A man who was jailed for the theft of a car and the reset of another vehicle has successfully appealed against a sheriff’s decision to impose a supervised release order. The Appeal Court of the High Court of Justiciary ruled that the imposition of the order on a long-term prisoner, which was due t

A man who was sentenced to three years and nine months’ imprisonment after pleading guilty to raping a child and filming the assault on his mobile phone has had his custodial term increased following an appeal by the Crown. The Appeal Court of the High Court of Justiciary quashed the sentence and

in panel debates and media appearances, the books he has written, a fundraiser he has launched and information about the legal proceedings5he has initiated against Facebook Ireland. On the subject of these legal proceedings, Mr Schrems has published two books, delivered lectures (sometimes for remu

The Scotch Whisky Association’s appeal against the legality of Scotland’s minimum pricing regime has been unanimously dismissed by justices in the Supreme Court who found its enabling legislation does not breach EU law and that it is a proportionate means of achieving a legitimate aim. T

A homeowner involved in a legal dispute with a Scottish local authority has won his appeal after arguing that the council acted beyond its powers in imposing a condition attached to the award of grant assistance, which required property owners to pay their share of the cost of repairs to their tenem

A claimant in a simple procedure case which was initially defended and then settled when the pursuer accepted a tender is entitled to the expenses of process as assessed, after a court rejected the defender’s argument that he should have his liability in expenses capped at 10% of the sum decerned

A non-EU national may benefit from a right of residence in the Member State in which his EU citizen family member resided before she acquired the nationality of that Member State in addition to her nationality of origin, the Court of Justice of the European Union (CJEU) has ruled. The court ruled th

A man accused of rape who objected to the admissibility of his police interview has had his complaint upheld. A High Court judge ruled that the “repeated and prolonged” questioning of the accused after he indicated he would be exercising his “right to silence”, in the hope that he would chan