Case Reports

A prisoner who is seeking to challenge a decision to the effect that he would not progress to the open estate but had yet to be granted permission to proceed has had a motion to allow a minute of amendment dismissed as “incompetent”. The petitioner was seeking to amend the petition to bring his

An Irish man who claimed his conviction for selling drugs was unfair as it was based on evidence obtained by police entrapment has had his application unanimously declared inadmissible by the European Court of Human Rights, which concluded that the role of the police in the case had been essentially

The grandparents of a child who was placed in local authority care have failed in a legal challenge against a decision to refuse their application to be kinship carers. A judge in the Court of Session refused a petition for judicial review brought by “TM” and “PM”, who claimed that The Highl

A prisoner who complained he was not provided with appropriate rehabilitation courses has had his appeal unanimously dismissed by justices in the Supreme Court who held that he suffered no violation of his article 5 rights and that domestic interpretation of article 5(1)(a) ECHR should be consistent

An assessor who challenged a decision by a valuation appeal committee to remove a property from a council tax valuation list on the basis that it was no longer a dwelling house has successfully appealed against the determination. The Inner House of the Court of Session allowed an appeal by the Asses

A campaigner who challenged a Scottish local authority’s decision to grant planning permission for a development within a world heritage site has had a petition for judicial review dismissed. Simon Byrom raised proceedings over concern about the potential impact of the proposed development in Edin

A man who challenged a disposition on the basis that his parents “lacked capacity” when they signed the document and was granted reduction after a purported beneficiary withdrew her defences on the eve of a proof has been awarded the expenses of the action from the other party’s solicitor. A j

Duplicate bridge is not a ‘sport’ for the purposes of the VAT Directive and cannot be exempt as such, the Court of Justice of the European Union has ruled. The English Bridge Union (EBU) is a national body responsible for regulating and developing duplicate bridge in England. That card game is a

Lack of appropriate psychological care in the country of origin of a person who was tortured there in the past is not sufficient to allow that person to claim subsidiary protection, according to Advocate General Bot. A Member State does, however, retain its discretion to grant such a person admissio

A foreign student who was alleged to have breached a condition attached to his grant of a visa has successfully challenged a decision by the UK Government to curtail his leave to remain. A judge in the Court of Session ruled that the decision by the Home Secretary to issue a notice revoking Muhammad

Martin Kingston QC and Alasdair Sutherland (Instructed by Morton Fraser LLP) for the Appellant. Roy Martin QC and Alasdair Burnet (Instructed by Burness Paull LLP) for the Respondent. A strategic development planning authority has had its appeal over planning obligations unanimously dismissed by jus

A motorist who was fined and had his licence endorsed after pleading guilty to speeding has successfully appealed against a decision by appeal sheriffs to increase the financial penalty imposed. The Appeal Court of the High Court of Justiciary ruled that the Sheriff Appeal Court “erred in law” i

A woman who challenged a sheriff’s order to appoint a local authority social worker as her brother’s guardian has had her appeal against the decision dismissed. The Inner House of the Court of Session refused the appeal after rejecting the appellant’s argument that the mental health officer wh

Litigants who were seeking to enforce an award of payment from a court in Belgium will have to seek an alternative remedy after the registration of the judgment in the Court of Session was cancelled due to a “lacunae” in the law. A judge allowed an appeal against the grant of warrant for registr

An American couple who run a guest house in the Highlands have had a legal challenge against the refusal of their application for indefinite leave to remain in the UK rejected. A judge in the Court of Session upheld the decision of the Secretary of State for the Home Department in refusing Russell F