Case Reports

The EU trade mark representing the shape of a Rubik’s Cube must be declared invalid on the basis it covers the generic function of the product and could therefore frustrate competition according to an Advocate General of the Court of Justice of the European Union. At the request of Seven Towns, a

A Scots lawyer convicted of making and sharing indecent images of children has been struck off the solicitors’ roll after being found guilty of “professional misconduct”. Retired solicitor John Urquhart, 68, was found to have dozens of child sex abuse images on his personal computer.

Scottish secondary legislation restricting student loans to under 55s breaches the right against age discrimination and is therefore “ultra vires”, a judge in the Court of Session has ruled. Lady Scott upheld a claim by a 56-year-old woman that the relevant regulations amounted to “unlawful di

A man serving a sentence of life imprisonment for murder who claimed that the prison service has failed to provide him with a reasonable opportunity to rehabilitate himself has had a petition for judicial review dismissed by a judge in the Court of Session. Stuart Quinn argued that the Scottish Mini

The Supreme Court has unanimously granted a celebrity permission to appeal the discharge of an interim injunction regarding his sexual encounters and, by a majority, has allowed the appeal. This case considered whether the publication overseas of the identity of PJS and details of PJS’s sexual enc

Health and safety inspectors have failed in an appeal against a tribunal’s decision to cancel a prohibition notice issued to a North Sea oil company. The Inner House of the Court of Session refused the appeal, which raised a particularly important issue on the scope of an appeal to the employment

A High Court judge has issued a note following the conviction of a couple who were was charged with causing death by dangerous driving while both were sitting in the driver’s seat, after one of the two accused claimed he was not “driving” the vehicle at the material time. Nathaniel Cooper and

The Scottish Solicitors’ Discipline Tribunal (SSDT) has found a former solicitor guilty of professional misconduct in relation to 14 transactions, having considered the complaint against her dated 15 January 2015 at the instance of the Council of the Law Society of Scotland. The SSDT found Sheena

Prosecutors have successfully challenged a decision by a justice of the peace to refuse a motion to adjourn an assault trial and for a warrant to arrest a corroborating witness who had moved to London and was avoiding service. The Sheriff Appeal Court ruled that the justice of the peace “misdirect

A motorcyclist who had his leg amputated following a late night road traffic accident in which he crashed into a milk tanker that was lit up “better than a Christmas tree” was more to blame than the driver of the other vehicle, appeal judges have ruled. The pursuer Adam Wagner was awarded more t

An environmental charity which is challenging plans for a wind farm development in Invernesshire has had an application for a protective expenses order refused following an appeal. By a majority of two-to-one, judges in the Inner House of the Court of Session refused the appeal for a PEO after rulin

Iraqi civilians who said they suffered at the hands of the British armed forces have failed in their tortious claim against the Ministry of Defence as a consequence of foreign time-bar rules. The Supreme Court, comprising Lord Neuberger, Lady Hale, Lord Mance, Lord Sumption and Lord Reed, unanimousl

The Supreme Court has dismissed a company’s appeal against HM Revenue and Customs’ (HMRC) contention the company was not entitled to deduct VAT on accountant’s fees as input tax under the contract. The Supreme Court dismissed Airtours Holidays Transport Ltd’s appeal by a majority of 3 to 2.

At the High Court in Edinburgh yesterday, Lady Rae sentenced Gary Stevenson to life imprisonment with a punishment part of 17 years after he pleaded guilty to the murder of Katy Rourke at their shared flat in Govan. Mr Stevenson murdered Miss Rourke after she refused to have sex with him. He struck

A legal bid to remove the so-called “Independence Camp” from the grounds of the Scottish Parliament will require a further hearing to determine whether such a move will breach the protestors’ human rights. A judge in the Court of Session refused to grant an order for removal until hearing evid