Case Reports

The family of a Turkish businessman who was granted indefinite leave to remain in the UK have successfully challenged a decision by the Home Secretary to refuse their applications to stay in the country. A judge in the Court of Session ruled that the Secretary of State for the Home Department was wr

A woman who was left permanently disabled after sustaining a “profound and irreversible” brain injury during her birth has had an appeal to amend her claim against a health board refused. A judge had refused to allow a minute of amendment after proof but before issuing his judgment on the merits

A couple who were the victims of an “intentional course of harassment” at the hands of their neighbours have successfully challenged a sheriff’s decision to refuse their claim for interdict. The Sheriff Appeal Court ruled that the sheriff erred in law in holding that the appellants’ claim fa

The widow of a scuba diving enthusiast who was killed in an accident will not be able to pursue her claim for damages against the owners and operators of a vessel from which her late husband fell and drowned, but appeal judges ruled that she will be able to sue as guardian to their young child. The

The man convicted of the murder of school girl Paige Doherty has had his sentence reduced following an appeal after claiming that the punishment part imposed was “excessive”. John Leathem was sentenced to life imprisonment with a punishment part of 27 years after pleading guilty to the murder of

Under Directive 93/42 on medical devices, a notified body involved in the procedure related to the EC declaration of conformity is not under a general obligation to carry out unannounced inspections, to examine devices and/or to examine the manufacturer’s business records. However, where it is pre

The Court of Session has refused an application for leave to appeal against an £800,000 award made by an arbitrator following a dispute between parties to a construction contract. A judge dismissed the bid for a proposed “legal error appeal” in terms of rules 69 and 70 of the Scottish Arbitrati

A father and son found guilty of attempted murder who claimed there was “insufficient evidence” to prove that they each participated in the assault have failed in an appeal against their convictions. The Criminal Appeal Court refused the appeal after rejecting the argument that the trial judge w

of the member states.

The owners of the “Tartan Army” trade mark have failed in a legal bid to prevent another company using the name without its permission. Tartan Army Limited claimed that Alba Football Fans Limited was infringing its rights in terms of section 10 of the Trade Marks Act 1994 and EU Trade Mark Regul

A man found guilty of a series of rape and sexual abuse charges has successfully appealed against his conviction of some of the offences. The Criminal Appeal Court ruled that the doctrine of “mutual corroboration” could not be applied because of the “long lapse of time” between the relevant

Comparative advertising based on prices as between shops having different formats and sizes is unlawful in certain circumstances and is also liable to be misleading if the consumer is not informed clearly in the advertising itself of the difference in format and size of the shops in respect of which

A debtor does have the necessary “interest” to apply for reappointment as a trustee in a sequestration where further assets come to light following discharge, appeal sheriffs have ruled. The Sheriff Appeal Court held that the Accountant in Bankruptcy could make an application to a sheriff under

A Scottish local authority has been granted a court order to bury the mummified remains of a couple who died decades ago. Hilda Marcel and her husband Eugenios Marcel died in 1987 and 1994 respectively, but their son Melvyn Marcel delayed their burial and stored their bodies until he could build a m

A 10-year jail term imposed on a former soldier who was convicted of more than 90 firearms related offences was not “unduly lenient”, appeal judges have ruled. The Criminal Appeal Court refused an appeal against sentence by the Crown, who argued that the sentence imposed upon Andrew Steven, also