Case Reports

A man accused of rape who challenged a decision by a judge to refuse his application to allow questioning of the complainer which he argued would show the “falsehood” of the alleged victim’s claims has had an appeal refused. The Criminal Appeal Court upheld the preliminary hearing judge’s ru

A “fugitive from justice” in Poland who claimed that his extradition from Scotland would breach his human rights has had an appeal refused. Jaroslaw Pofelski, who claimed that he had been held in custody for a total of four years in Poland while awaiting trial before leaving the country for Scot

The operator of a shop who offers a Wi-Fi network free of charge to the public is not liable for copyright infringements committed by users of that network but may be required to password-protect its network in order to bring an end to, or prevent, such infringements, the Court of Justice of the Eur

A man who was jailed for 13 years after being convicted of raping his daughter and his niece has had an appeal against his sentence refused. The appellant, “JM”, was given an extended sentence of 16 years, the custodial part of which was 13 years and the extension period was three years, after b

In the Grand Chamber judgment in the case of Ibrahim and Others v. the United Kingdom, the European Court of Human Rights has held, by 15 votes to two, that there had been no violation of the rights of three applicants (Mr Ibrahim, Mr Mohammed and Mr Omar) under Article 6 §§ 1 and 3 (c) (right to

The posting of a hyperlink on a website to works protected by copyright and published without the author’s consent on another website does not constitute a “communication to the public” when the person who posts that link does not seek financial gain and acts without knowledge that those works

A company based in Lancashire has admitted health and safety offences after an employee fell through a void in the floor of a building under construction at Fort Kinnaird Retail Park, Edinburgh. Technic Concrete Floors Limited, a specialist flooring contractor that operates nationwide, pled guilty t

A teenager who was jailed after pleading guilty to being concerned in the supply of a quantity of heroin with a maximum street value of £1,100 has successfully appealed against his sentence. The Criminal Appeal Court ruled that a custodial term was not the only appropriate disposal having regard to

A council has successfully challenged a decision by the Scottish Ministers to grant planning permission for the development of a railfreight terminal on greenbelt land in North Lanarkshire. The Inner House of the Court of Session ruled that the Scottish Ministers failed to give “proper, adequate a

in bribery, he was a “bad leaver” in terms of the Glasgow-based logistics company’s article of association and was entitled on disposal of his shares to be paid only whichever was the lesser of their fair value or their subscription or par value. Mr Gray was found to have been aware of an arr

An 18-year-old motorist who was caught driving without insurance will not have his licence revoked after a sheriff found that there were “special reasons” for not endorsing it with penalty points. Sheriff Philip Mann ruled that Kyle Siegel was entitled to assume that his mother had arranged for

A man who claimed he was unaware that a document he signed included an indemnity has successfully challenged a sheriff’s decision to dismiss his case. The Sheriff Appeal Court allowed a proof before answer after ruling that the sheriff’s judgment was “completely inadequate” in that it failed

A former Navy officer who was jailed after being convicted of brandishing a knife and punching a 17-year-old boy which resulted in his victim having to undergo extensive dental treatment has successfully appealed against his sentence. The Criminal Appeal Court quashed the custodial sentence imposed

In today’s Grand Chamber judgment in the case of J.K. and Others v. Sweden the European Court of Human Rights held, by ten votes to seven, that there would be: a violation of article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights if the ord

The sister of a man with severe learning difficulties has failed in an appeal against a sheriff’s decision to appoint a local authority social worker as welfare guardian to her brother. The woman complained that the mental health officer who prepared a report which favoured the council’s applica