Case Reports

The Scottish Legal Complaints Commission (SLCC) does have the power to re-categorise certain complaints which it had previously classified as “hybrid” complaints involving both a lawyer’s conduct and the services provided. By a majority of two-to-one, judges in the Inner House of the Court of

A warrant authorising the police to enter the offices of a London law firm and to take possession of documents relating to the “acquisition, running, administration and disposal of the assets” of Rangers Football Club was suspended after appeal judges ruled that its terms were “oppressive”.

It is incompatible with EU law to require a worker to take leave first before being able to establish whether he is entitled to be paid for it, according to Advocate General Tanchev. In circumstances where an employer has not provided a worker with paid leave, the right to paid leave carries over un

A Turkish girl left with severe neurological damage following an operation suffered a violation of her article 8 rights right to respect for private and family life after the domestic courts refused her a second expert report, the European Court of Human Rights has ruled. The case concerned two high

An Austrian politician whom a TV programme said was “usually surrounded by little brown rats” suffered no article 6 violation, the European Court of Human Rights has ruled. In its decision in the case of Haupt v. Austria, the European Court of Human Rights has unanimously declared the applicatio

In its Chamber judgment in the case of Trabajo Rueda v Spain the European Court of Human Rights held, by six votes to one, that there had been: a violation of article 8 (right to respect for private life) of the European Convention on Human Rights. The case concerned the seizure of Mr Trabajo Rueda�

According to Advocate General Bot (pictured), a non-EU national may benefit from a right of residence in the member state in which his EU citizen family member resided before acquiring the nationality of that member state and developing a family life there. In order to guarantee the effectiveness of

Westwater Advocates’ Calum MacNeill QC has succeeded in the Inner House, where he represented multiple claimants backed by the GMB Union in a challenge to the “pay protection” arrangements introduced by Glasgow City Council on the introduction of its Workplace Pay and Benefits Review (WPBR) in

A woman accused of smashing the windscreen of a car driven by her estranged partner has been found guilty of vandalism after a sheriff ruled that her belief that they were the joint owners of the vehicle was no defence to the statutory charge of wilfully or recklessly damaging property belonging to

The Crown has successfully challenged a judge’s decision that an admission made by a mother accused of assaulting her child during a conversation with a social worker in hospital was “inadmissible”. The Criminal Appeal Court allowed the appeal after ruling that the evidential hearing judge “

A man accused of being in possession of indecent images of children has failed in an appeal against a sheriff’s decision to extend the time bar for prosecutors to bring him to trial. The Criminal Appeal Court refused the appeal after ruling that the sheriff applied the correct test and could not b

Prosecutors have successfully challenged a sheriff’s decision to desert simpliciter a case against a man accused of a catalogue of domestic abuse charges. The sheriff deserted the trial after the Crown had repeatedly failed to disclose the telephone records of the appellant and his wife, but the C

The fund-freezing measures imposed on Rami Makhlouf, cousin of Syria's President Bashar al-Assad, must be maintained for the period 2016-2017, the General Court of the European Union has confirmed. Since 2011, the Council has included Mr Rami Makhlouf on the list of persons covered by the restrictiv

A full bench is to review the procedure for challenging the validity of a police search warrant granted by a sheriff and the admissibility of evidence obtained from the search. Three judges of the High Court of Justiciary Appeal Court observed that there was “confusion” among the legal professio

An Afghani national who had been refused leave to remain in the UK as a partner of a British woman has successfully challenged a decision to certify his asylum and human rights claims as “clearly unfounded”. The decision to certify his claim meant that Aziz Hussini would be unable to appeal the