Case Reports

The failure by the Lord Advocate to adopt and publish a policy identifying the facts and circumstances which he will take into account in deciding whether or not to authorise the prosecution in Scotland of a person who assists another to commit suicide does not breach human rights law, appeal judges

A minister who was found guilty of sexual assault charges has successfully appealed against his conviction after appeal judges ruled that the trial judge had “misdirected” the jury. The Criminal Appeal Court quashed the convictions against Walter Masocha after ruling that the sheriff failed to d

A group of fruit and vegetable growers from Angus are entitled to reparation for the “loss and damage” incurred as a result of the withdrawal of recognition of their producer association for an EU financial aid scheme, a Court of Session judge has ruled. Lord Tyre held that producer organisation

The Supreme Court has ruled a company’s VAT repayments, made after it overpaid VAT, are liable to corporation tax. The appellant, Shop Direct Group (SDG), is a company in the Littlewoods corporate group (the Group).

A gymnastics coach has been made the subject of an interim “risk of sexual harm order” after the police successfully challenged a sheriff’s decision to refuse to make the order. The sheriff held that it would not be “just” to impose the interim RSHO because the respondent had been suspende

A home carer who was injured after she slipped and fell in icy conditions en route to a client has won her appeal to the Supreme Court based on the admissibility of the evidence of an expert witness and whether the respondents had been in breach of their statutory duties or negligent. Lord Reed and

An application for leave to appeal against a decision of the Scottish Legal Complaints Commission to refuse a complaint as “totally without merit” has been refused. A judge in the Court of Session dismissed the application on the ground that it was lodged after the statutory time limit of 28 day

A man accused of drug dealing in Spain who challenged a sheriff’s decision to order his extradition has had his appeal refused. The Criminal Appeal Court refused the appeal after ruling the appropriate court to hear any human rights argument based on “injustice or oppression” would be the Span

An unemployed motorist who was fined a total of £460 to be paid over 92 weeks after admitting driving without a licence and without insurance has successfully challenged the penalties imposed. The Sheriff Appeal Court ruled that fines were “excessive” and amounted to a “miscarriage of justice

A man who exchanged a number of “grossly offensive” and “indecent” jokes with a friend on a social networking site about the death of a child and made sexual remarks about children has successfully appealed to have his name removed from the sex offenders’ register. The Criminal Appeal Cour

The judgment in a case in which snack van operators successfully challenged a Scottish local authority ban which prevented them from trading near schools has been published. A number of street traders sought to reverse a decision of the defender, North Lanarkshire Council, to prohibit snack vans sel

A man jailed for eight years for the rape of two women has had his convictions quashed after Appeal Court judges ruled he suffered a miscarriage of justice. Lord Eassie, sitting with Lady Smith and Lady Clark of Calton ruled that Alan Clark, 40, suffered a miscarriage of justice.

A lorry driver found guilty of dangerous driving and behaving in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm, who claimed that a sheriff erred in repelling a “no case to answer” submission, had an appeal against conviction refused. The Cr

An executor of an estate has been granted reduction of a disposition in favour of a couple who claimed they regarded a residential property in which they had been living as their home. A judge in the Court of Session ruled that allowing the couple to take and remain in occupation of the property was

The son of a woman who signed deeds disposing of three properties to her other two sons has been granted decrees of reduction on the grounds of “facility and circumvention” and by “undue influence” exercised over his late mother by his brothers. A judge in the Court of Session ruled that the