Case Reports

The Criminal Appeal Court has “very strongly” suggested that consideration should be given to changing the rules on the instruction of solicitor advocates, in disposing of an appeal claiming “defective representation”. In refusing an appeal against conviction by Ahmad Yazdanparast, who was f

A disabled man who is seeking to end his own life but is “apprehensive” that anyone who assisted him to commit suicide would risk criminal prosecution has failed in a legal bid to force Scotland’s prosecution service to publish guidance on its policy. Gordon Ross, 66, who suffers from Parkinso

A mortgage lender is entitled to serve calling-up notices to secure repossession and sale of a property where the creditor has considered possible alternative payment arrangements and it is clear that there is no prospect of the debtor being able to fulfil their financial obligations under the stand

At the High Court in Glasgow today, Lady Rae, sentenced Alexander Pacteau, 21, to life imprisonment for his “brutal, senseless” and “motiveless" murder of Irish student Karen Buckley with a punishment part of 23 years after the accused pled guilty to the murder. On sentencing, Lady Rae said: �

A man detained in the State Hospital for more than 17 years who complained that the lack of any means by which he can be transferred to prison breaches his human rights has had his legal challenge refused. John Johnstone sought judicial review of the failures by the Scottish Ministers to provide suf

A police officer who was jailed after being found guilty of lying to protect a colleague for allegedly drink-driving has successfully appealed against his conviction. Police constable David Carmichael was sentenced to seven months imprisonment after being found guilty of “wilful neglect of duty”

A challenge to legislation which will see a “named person” assigned to every child in Scotland has been refused by appeal judges in the Inner House of the Court of Session. Four charities and three individuals contended that provisions in the Children and Young People (Scotland) Act 2014 passed

A property development company which sued Scotland’s largest local authority for £15 million following a dispute over a contract to develop a site has had its claim dismissed as “irrelevant”. PIP3 raised an action against Glasgow City Council for breach of contract after the local authority r

The European court of Human Rights (ECtHR) has held that the rights of clandestine migrants from Tunisia were violated when they were detained after landing on the Italian coast in the midst of the "Arab Spring" in 2011. The case concerned the migrants' detention in a reception centre on the island

A Scots lawyer who failed in his duties under the CML Handbook and at common law to provide material information to lenders in conveyancing transactions has been found guilty of “professional misconduct”. The Scottish Solicitors Discipline Tribunal(SSDT) censured David Clark and restricted his p

A disabled woman who challenged a health board’s decision to cease providing homeopathic treatment has had a petition for judicial review dismissed.

A man who was given a community payback order with restrictions on his internet use after being convicted of an attempt at “communicating indecently with an older child” has failed in an appeal against sentence. The appellant argued that the sheriff’s intention to restrict his “misuse” of

A trade union which challenged the introduction of fees for claimants to pursue employment tribunals has had an appeal for judicial review of the policy refused. Unison argued that the decline in the number of cases being brought to tribunal was due to claimants now having to pay anything up to £1,

A Scots lawyer has successfully challenged a decision of the Council of the Law Society of Scotland to uphold a complaint of “unsatisfactory conduct” made against him. Alan Strain was ordered to pay a fine of £1,000 after he was found to have made a “misrepresentation” to a client in prepar

The Crown has successfully challenged a sheriff’s decision to acquit a man of breaching a non-harassment order. James Murphy was accused of breaching the order by approaching the complainer, but the sheriff at Ayr found that while there was an “encounter” between the respondent and the woman,