Case Reports

ed. Whether the appellant had administered a drug to her had very little, if any, bearing on that central issue. In so far as the jury may have been given an impression of the Crown’s lingering suspicion, that could only have had a conceivable bearing, as reflecting on the appellant’s character,

A man who was given a non-harassment order (NHO) when his sentence was deferred for “good behaviour” after he was found guilty of “threatening or abusive behaviour” likely to cause “fear or alarm” has had an appeal against the order dismissed. The appellant challenged the competency of t

A Cameroonian woman who claimed she would be subject to forced marriage and female genital mutilation if she were returned to Cameroon has been granted permission to appeal in her bid for asylum. A judge in the Court of Session granted leave to appeal after ruling that the challenge had “substanti

A man convicted of murdering his wife who has been seeking to challenge his former employer’s decision to award him a reduced pension has had his case dismissed. David Lilburn, 54, who is currently incarcerated at the State Hospital in Carstairs after being sentenced to life imprisonment with a pu

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