Case Reports

A council tenant who claimed that his occupancy agreement which was to “continue on a fortnightly basis” should be treated as a Scottish secure tenancy because it did not contain an express provision stating that it was for a term of less than six months has won an appeal against a decision allo

A man found guilty of murdering his ex-partner who claimed that the trial judge showed a “lack of impartiality” by using the word “assassin” in giving an example of a deliberate intention to kill has failed in an appeal against his conviction. Mohammed Abboud, 57, who was sentenced to life i

Relatives of victims of the Glasgow bin lorry crash and the parents of two young women who were killed after being hit by a Range Rover which mounted a pavement has failed in a bid to bring private prosecutions against the drivers of the vehicles. Judges in the High Court of Justiciary Appeal Court

A recruitment company for HGV drivers whose managing director punched one of the firm’s salesmen on a Christmas night out will not be held liable for the employee’s injuries. A High Court judge has ruled that there was “insufficient connection” between the director’s employment and the ass

A witness in an assault trial who was found in contempt of court for “prevaricating” has had a petition to the nobile officium of the High Court of Justiciary refused. Ria Kenyon had given a statement to police in which she said she saw the accused punch the complainer, but in her evidence she w

A nurse with a history of mental health and addiction problems, who was struck off after stealing drugs from a hospital for her personal use following a hearing that she did not attend, has successfully appealed against the decision. A judge in the Court of Session quashed the decision by the Nursin

The Ministry of Defence (MoD) has failed in an attempt to have a damages claim against it dismissed in an action brought by the adult stepchildren and grandchildren of a former Rosyth dockyard worker who died from an asbestos-related condition. A judge in the Court of Session allowed the claim to pr

A man deemed “unfit to stand trial” after he had been found guilty of rape has successfully appealed against his conviction and sentence. Charles Murphy was convicted of seven charges involving serious assault, rape, lewd and libidinous practices, indecent assault and assault with intent to rape

Prosecutors successfully challenged a judge’s decision to acquit a man accused of rape after a juror left the jury room to make a personal phone call after they had begun their deliberations. The Criminal Appeal Court ruled that acquittal was “not the appropriate remedy” and that in the circum

The Lord Advocate has been refused permission to appeal to the UK Supreme Court after a British businessman wanted by authorities in Taiwan to serve a prison sentence won a human rights appeal against a decision to extradite him. Zain Dean was sentenced to four years imprisonment after being convict

A murderer who sought reduction of his conviction to manslaughter on the basis the statutory test for the Scots-derived defence of diminished responsibility requires that the judge defines for the jury the word “substantial” in “substantially impaired” has had his appeal unanimously dismisse

A paedophile who was jailed for six years after being found guilty of a series of historic sexual offences has had his custodial term increased following an appeal by the Crown on the grounds of “undue leniency”. Gordon Collins, 59, who was convicted of a charge of common law rape and a further

A sheriff’s decision not to impose a sentence on a woman convicted of a statutory breach of the peace and carrying a meat cleaver in public because there was no prosecutor in court when the case called has been successfully appealed by the Crown. The High Court of Justiciary Appeal Court passed a

A motorist found guilty of dangerous driving after crossing over onto the opposite carriageway while “admiring the scenery” and crashing into an oncoming vehicle has lost an appeal in which she claimed she ought to be have been convicted of the lesser charge of careless driving. The Sheriff Appe

A husband who claimed his wife had “willingly engaged” in sexual activity with another man after he was accused of “coercing” her to do it has had an application to question her about two alleged extra-marital affairs rejected. The accused had intended to attack the complainer’s credibilit