Case Reports

EU law does not preclude an increase in the share capital of a bank without the agreement of the general meeting of the shareholders in a situation where there is a serious disturbance of the economy and the financial system of a member state, the Court of Justice of the European Union (CJEU) has ru

Social housing sector tenants who challenged the so called “bedroom tax” have received a mixed outcome at the Supreme Court. Lord Neuberger, Lady Hale, Lord Mance, Lord Sumption, Lord Carnwath, Lord Hughes and Lord Toulson heard the cases, which relate to the cap on housing benefit introduced by

An electricity company which was fined £1.75 million for breaching health and safety legislation after a worker was badly burned has had the financial penalty reduced by £550,000 following an appeal. Scottish Power Generation pled guilty to breaches of sections 2(1) and 33(1)(a) of the Health and

“Limbs in the loch” killer William Beggs has successfully challenged a decision by prison governors to refuse his requests to have a personal computer in jail. The Scottish Prison Service (SPS) will now have to reconsider his request after a Court of Session judge ruled that "inadequate reasons�

A supermarket which claimed that the opening of a rival store less than one mile away reduced its value has had an appeal rejected. The Lands Valuation Appeal Court of the Court of Session dismissed an argument by Tesco that the opening of a larger Morrisons store in Kirkcaldy town centre constitute

A motorist who was given a community payback order and banned from the road after he admitted falling asleep at the wheel and crashing into an oncoming vehicle has successfully appealed against his sentence, in the first reported Scottish decision to consider the offence of causing injury by dangero

A car finance company which applied to a court to have a customer jailed after he failed to pay the instalments have had their application refused by a sheriff. The pursuers Moneybarn No 1 had agreed with the defender Steven Bell that he would purchase a car for a specified sum, but he did not pay a

An appeal by the occupiers of the so-called “Independence Camp” against a move to evict them from the grounds of the Scottish Parliament has been rejected. The Inner House of the Court of Session upheld a decision by Lord Turnbull that that the order seeking their removal was “proportionate”

The extension of the period of validity of existing state aid must be regarded as the alteration of that aid and, therefore, as new aid, the Court of Justice of the Europen Union has held. In 1960, DEI, a public electricity company, entered into a contract with Alouminion, a Greek company specialise

A Somalian refugee convicted of rape who successfully challenged a decision to deport him to his home country on human rights grounds has seen an appeal against that ruling refused. The Inner House of the Court of Session refused an appeal by the Home Secretary against an Upper Tribunal ruling, whic

An accountant who was banned from being a company director after he paid trade creditors but not HM Revenue and Customs (HMRC) when his business went into liquidation has failed in an appeal against his three-year disqualification. Patrick Bradley was a director of Barhaul (2003) Limited, which went

Intel’s appeal against the imposition of a €1.06 billion fine for abuse of its dominant position should be upheld and the case should be referred back to the General Court for a fresh review in the Opinion of an Advocate General of the Court of Justice of the European Union. By decision of 13 Ma

A man accused of being concerned in the supply of ecstasy at T in the Park who claimed that the police search of him was “unlawful” has had an appeal refused after a sheriff rejected his challenge. Connor McAteer argued that the police officer who carried out the search, a different officer from

Judges have issued their reasons for setting aside the acquittal of a man accused of the 1998 murder of Surjit Singh Chhokar in Overtown, Lanarkshire. The High Court of Justiciary Appeal Court granted an application by the Lord Advocate to bring a new prosecution against Ronnie Coulter after ruling

A man found guilty of assaulting a woman with a block of wood and a separate charge of carrying an offensive weapon in public has failed in an appeal against his conviction. The appellant claimed that he had been charged twice on the same facts and convicted on both charges, which amounted to “dou