Case Reports

A Polish mother-of-two who moved to Scotland with her children after leaving her allegedly abusive Italian partner has successfully appealed against a court ruling ordering her to return the two boys to Italy for the courts there to determine issues of residence and contact. The Inner House of the C

A man accused of growing cannabis and being concerned in the supply of the class B drug who claimed that he was a victim of human trafficking and had been forced to commit the offences has had a human rights challenge against his prosecution rejected. Quyen Van Phan argued that his prosecution was i

Two airline pilot accused of preparing to fly a passenger jet while under the influence of alcohol have had the charges against them dropped following an appeal. Jean-Francois Perreault and Imran Syed challenged the admissibility of the evidence of the proportion of alcohol in their blood after samp

A man charged with assault with intent to rape who claimed that a sheriff erred in granting an extension to the 12-month period in which to bring the accused to trial has had his appeal dismissed. The Appeal Court of the High Court of Justiciary upheld the sheriff’s decision to grant a motion by t

The manufacturers of a prescription drug for people with arthritis which it is alleged caused those who took the medication to suffer heart attacks and strokes have failed in an appeal against a judge’s decision to allow the cases to proceed to proof. The Inner House of the Court of Session refuse

A person tortured in the past in their country of origin is eligible for subsidiary protection if they face a real risk of being intentionally deprived in that country of appropriate physical and psychological health care, the Court of Justice of the European Union (CJEU) has ruled. The UK Supreme C

A father-of-one has successfully challenged an attempt by his former partner to remove their daughter from Scotland and take her to live in Northern Cyprus. A judge in the Court of Session refused to grant the specific issue order and residence order sought by the mother after ruling that it would b

An asylum seeker whose claim that he would face “mistreatment” due to his political opinion if returned to his home country of Iran was rejected has now had an application to challenge the decision on the basis that the immigration judge failed to give him a fair hearing dismissed. Shahin Abdull

The Crown has succeeded in an action to recover over £1 million worth of unlawful and incompatible state aid granted to a company in the form of exemption from payment of aggregates levy of the commercial exploitation of shale and shale spoil. A judge in the Court of Session granted decree in favou

The owners of a Speyside whisky distillery who claimed that the development of a new wind farm in Banffshire was “unlawful” on the basis that the construction works did not begin within the five-year time limit imposed upon the developer have had their legal challenge dismissed. William Grant &a

According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as an EU trade mark. He proposes that the appeals brought by Nestlé, EUIPO and Mondelez be dismissed and states that Nestle did not adduce suffi

A father who was seeking to challenge a sheriff’s decision to make an adoption order in respect of his child with no post-adoption contact but then failed lodge the necessary appeal documents has had an application for permission to appeal to the Court of Session dismissed. A judge refused the app

An EEA national who was set to be removed from the UK after being convicted of vandalism has successfully appealed against the deportation order. The Inner House of the Court of Session quashed the order after ruling that it was not open to the First-tier Tribunal to find that the appellant’s cond

A motorist who reversed his car into another vehicle but claimed that the other driver “exaggerated” his injuries for “financial gain” has had an appeal against a decision ordering him to pay damages dismissed. John Finlay admitted liability for the minor collision with the parked vehicle in

Appeal judges have published their reasons for rejecting a challenge by the chairman of Rangers Football Club to a court order requiring him to make an offer for all the issued ordinary share capital of Rangers International Football Club Plc not already controlled by him. A judge had found in favou