Case Reports

The arbitration clause in the agreement between the Netherlands and Slovakia on the protection of investments is not compatible with EU law as it removes from the mechanism of judicial review of EU law disputes which may relate to the application or interpretation of that law. In 1991 the former Cze

A gun owner whose firearms certificate was revoked because his son is a convicted drug dealer has successfully appealed against the decision. David Cameron, 59, was deemed “unfit” by Police Scotland to be entrusted with the weapon due to his “association” with a person involved in criminal a

A licensing board’s decision to refuse an application to allow adult cinema-goers to take alcoholic drinks in with them while watching any film has been overturned following an appeal. A sheriff ruled that North Lanarkshire Licensing Board exercised its discretion in an “unreasonable manner” i

A former client of a legal firm whose application for leave to appeal a decision that her complaint against the lawyers was time-barred has had a challenge to the expenses awarded against her rejected. A judge in the Court of Session observed that what Caroline Kenneil was really seeking to do was t

A father-of-three who is the subject of two European Arrest Warrants has had an application for leave to appeal against a sheriff’s decision to order his extradition to Poland rejected. The man claimed that his extradition would breach his right to a family life under the European Convention o

A solicitor against whom a company sought damages for careless misrepresentation has had her appeal unanimously allowed by justices in the Supreme Court, who stated there is no authority for finding an assumption of responsibility for a careless misrepresentation about a fact wholly within the knowl

A man who was admonished after pleading guilty to being concerned in the supply of cocaine has failed in appeal against a sheriff’s decision to make a confiscation order of more than £270,000. The appellant challenged the sheriff’s decision to make the order under the Proceeds of Crime Act 2002

Two oil and gas exploration companies who are seeking judicial review of the Scottish Government’s decision to ban “fracking” in Scotland have been granted permission to proceed with their legal challenge. A judge in the Court of Session ruled that the application brought by Ineos Upstream Lim

A man who claimed that both a house and the land on which it was built should not be considered “matrimonial property” after his wife raised an action for divorce has had his appeal dismissed. A sheriff had ruled that the land on which the house had been built was not matrimonial property while

A former part-time sheriff who experienced “despair, distrust and desolation” following the breakdown of his marriage has been given three months to allow him and his ex-wife to reach an agreement over their finances after she was granted a divorce without him knowing about it. Raj Jandoo, who r

A convicted murderer who sought legal aid for a UK Supreme Court appeal against a ruling upholding a decision by the Scottish Information Commission to refuse to order the release of CCTV footage he believes will help prove his innocence has had his claim for state funding refused. “Limbs in the l

A man found guilty of domestic abuse offences despite his former partner denying that she had been assaulted has had an appeal against his conviction dismissed. The appellant claimed that the sheriff erred in repelling a defence submission of “no case to answer”, but the Appeal Court of the High

A married couple who challenged a sheriff’s decision to grant a permanence order in respect of their youngest of four children following their conviction for assaulting her three older siblings have had their appeal rejected. The appellant’s claimed that the sheriff erred in his assessment of th

A father-of-two found guilty of sexually assaulting his daughter and making and sharing indecent images of her has had an appeal against his conviction refused. The appellant claimed that the trial judge erred in refusing a request by the jury to view a number of the images during their deliberation

in other payment systems, discriminatory rules, and restrictions on the basis of institutional status. In that case, the High court asks whether, in the event that a three party payment system such as American Express enters into co-branding arrangements or makes use of an agent, that system is sub