Case Reports

A Scots lawyer who represented an elderly victim of a mortgage fraudster has been struck off the solicitors’ roll after being found guilty of “professional misconduct” over his failure to act his client’s best interests. Solicitor Alistair Bowie, 69, concluded missives w

A right-wing extremist convicted of downloading “sinister, violent and disturbing” terrorist material has had an appeal against his prison sentence dismissed. David Dudgeon was sentenced to two years’ imprisonment, reduced from a period of three years, after pleading guilty to

It is understood that the firm will be seeking leave to appeal. The success fee provisions of an agreement between a Scottish law firm and its clients in a multi-million pound commercial action and the terms agreed by the firm when it instructed an advocate to act in the case were “illegal and

Two men found guilty of child sexual offences on the basis of the principle of “mutual corroboration” who claimed that there were insufficient similarities between the offences to demonstrate a “course of conduct” have had their appeals against their convictions rejected. The

A man accused of stalking has successfully challenged an attempt by prosecutors to lead evidence that he had previously assaulted one of the complainers.  A sheriff ruled that it would be “prejudicial” to the accused to allow the evidence of a “collateral incident” which

A Scottish fishing association which claimed that a continued prohibition on catching salmon in coastal waters and a compensation scheme introduced to support affected farmers were unlawful has had its legal challenge dismissed. A judge in the Court of Session ruled that the compensation s

A couple who sued their upstairs neighbours over the noise coming from a Saniflo toilet have had their “nuisance” claim dismissed by a court. Retired solicitor James Morris and his wife Carol Morris, a former court shorthand writer, described the noise from the toilet and

A man found guilty of being concerned in the supply of heroin who claimed that DNA evidence linking him with the bags in which the drugs were found was insufficient for the jury to draw an inference of guilt has had an appeal against his conviction rejected. The Appeal Court of the High Court o

A prisoner who claimed that the prison authorities breached his human rights by failing to provide him with rehabilitation has had a claim for £10,000 damages dismissed. The petitioner argued that the Scottish Prison Service (SPS) violated his “right to liberty” in terms of article

A man accused of sexual offences against his partner and son who was seeking to introduce evidence that the mother of their children had induced her sons to make false allegations against him and others has had his application rejected. The Appeal Court of the High Court of Justiciary rule

A foreign student who pled guilty to fraud after falsely claiming she had indefinite leave to remain in order to obtain £23,000 in student funding to pay for a nursing course has successfully appealed against her 14-month prison sentence. The Appeal Court of the High Court of Justiciary ruled

A plumber who injured his arm while playing football over 16 years ago has been awarded more than £540,000 in damages after a Scottish health board admitted liability over its “negligent diagnosis and treatment” of the injury. A judge in the Court of Session ruled that, h

An oil and gas company has been granted a court order to prohibit environmental campaigners from carrying out protests on four offshore installations in the North Sea. Shell UK was granted an interdict to prevent Greenpeace activists from boarding or attempting to board the Brent Alph

A woman who claimed she was repeatedly raped by her late stepfather is suing the executor of his estate for damages in a landmark case. The woman’s stepbrother, the executor of the estate, argued that the action should not be allowed to proceed because it would not be possible for fair hearing

A man found guilty of the repeated rape of his former partner and her granddaughter on the basis of the doctrine of “mutual corroboration” has had an appeal against his conviction refused. The appellant claimed that the trial judge’s decision to allow a Crown motion to amend one of