Case Reports

A man who was jailed for four years after being found guilty of domestic abuse offences has had an appeal against the custodial term imposed rejected. Josh McLean was sentenced to an extended sentence of six years, comprising a custodial element of four years and an extension period of two year

A man accused of behaving in a “threatening and abusive manner” by shouting and swearing at his ex-wife has successfully challenged an attempt to prosecute him after a sheriff had previously deserted an identical complaint against the accused pro loco et tempore. The appellant appealed a

A contractor which claimed the Scottish government acted unlawfully in giving taxpayers' money to a competitor in the purchase of a Highland industrial yard has had a £25 million damages action dismissed. LC Management Services (Scotland) Ltd claimed that the financial awards to Global En

A man who was found guilty of raping a family member but claimed that there was “insufficient evidence” that he lacked the “honest belief” that the complainer had consented has lost his appeal. The High Court of Justiciary Appeal Court ruled that the trial judge was “co

A woman who appealed a decision of the First-tier Tribunal for Scotland on the basis of her claim she did not have a private residential tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 has had her appeal refused by the Upper Tribunal for Scotland. Kate Affleck 

A man accused of breaching an order disqualifying him from acting as a company director who claimed that criminal proceedings raised against him were “time-barred” has had a legal challenge against his prosecution dismissed. The Sheriff Appeal Court refused an appeal by Stephen

The First-tier Tribunal for Scotland Housing and Property Chamber (FtT) was wrong to dismiss an application to hear a dispute as “frivolous and vexatious”, the Upper Tribunal for Scotland (UT) has ruled. The FtT had rejected the application as “misconceived and

Prime Minister Boris Johnson unlawfully prorogued Parliament, a full bench of the UK Supreme Court has unanimously ruled in a historic judgment. In court this morning, Lady Hale, President of the Supreme Court – sitting with Lord Reed, Deputy President; Lord Kerr; Lord Wilson; Lord Carnwath; L

A legal challenge against a decision by the statutory body responsible for overseeing elections and referendums in the United Kingdom not to open an investigation into the spending by the official Vote Leave campaign in connection with the Brexit vote has been dismissed following an appeal. The High

A lawyer who was seeking to challenge a decision by the Pensions Ombudsman to reject a complaint against a trustee over its handling of a sale of properties has been granted permission to bring an appeal despite missing the deadline by more than four months. A judge in the Court of Session 

A Zimbabwean asylum seeker whose human rights claim to remain in the UK was refused by the Home Secretary has had an application for judicial review of a decision that he had not made a fresh claim to remain in the country dismissed. The petitioner “GC” argued that, as an “openly g

An engineer who raised an unfair dismissal claim against her former employer after she was sacked for refusing to work with a key contractor has lost an appeal against an Employment Tribunal’s decision to relabel the reason for dismissal and reduce the award payable to her. Julie Logan, who wa

A contractor which was sued by a bank over its alleged “defective design and construction” of a retail development car park which flooded has successfully appealed against a judge’s decision that the claim against it was not time-barred because the action had been raised within fiv

A man found guilty of sexual assault with intent to rape who claimed that the sheriff’s directions to the jury were “prejudicial” has had an appeal against his conviction rejected. Graham Paterson, who had admitted sexually assaulting the complainer but denied any intent to rape, a

The Prime Minister’s advice to HM The Queen that parliamentary business at Westminster should be suspended for five weeks in the run up to “Brexit” undermined a “central pillar” of the constitution that the Government was accountable to Parliament. The Inner House