News publishers who appealed over articles defamatory of a man in respect of his behaviour towards his former wife have had their appeal dismissed by justices in the Supreme Court on the basis the “serious harm” test was satisfied. The Supreme Court unanimously dismissed the appeal,
Case Reports
A man found guilty of two charges of rape who claimed that the trial judge “distracted” the jury by giving an “inappropriate and unnecessary” direction on the issue of reasonable belief of consent has had an appeal against his convicted rejected. The Appeal Court of the
A solicitor who claimed that a series of complaints made against her should have been rejected as “totally without merit” or “vexatious” has successfully appealed against decisions by the Scottish Legal Complaints Commission to remit the claims to the Law Society of
A British citizen wanted by authorities in Taiwan to serve a prison sentence after he was found guilty of negligent manslaughter following a drink-driving accident has successfully appealed against an order for his extradition. Zain Dean was sentenced to four years’ imprisonment after bei
A man found guilty of an armed robbery committed while wearing a Mexican wrestling mask who claimed he suffered a “miscarriage of justice” as a result of the advocate depute’s speech to the jury on the forensic evidence has had his appeal against conviction rejected. Scott Fowler&n
The Crown has successfully challenged the sentence of detention in a young offenders’ institution imposed on a 16-year-old boy convicted of sex offences. The High Court of Justiciary Appeal Court upheld the Lord Advocate’s submission, which was adopted by the responde
A man accused of inducing a 14-year-old American girl to send him naked pictures of herself and enticing her to carry out sexual acts over the internet will not be extradited from Scotland to the United States. The Extradition Court in Edinburgh ruled that the extradition of the “req
A motorist accused of speeding who claimed that a notice of intended prosecution was invalid because it bore a digital signature of the former chief constable has had his appeal rejected. John Scrymgeour-Wedderburn challenged the competency of the prosecution on the basis that the notice includ
Murderer who claimed ‘miscarriage of justice’ over 999 call evidence loses appeal against conviction
A man found guilty of murder who claimed that the trial judge’s decision to refuse to allow part of a 999 call to be played in court, during which recording a voice could be heard saying words to the effect that one of his co-accused “did it”, has had an appeal against his convicti
A businessman who challenged a Scottish judge’s decision to grant a decree ordering him to conform to a Hong Kong High Court ruling that he make a payout to a former associate has had his appeal dismissed. The Inner House of the Court of Session upheld the decision of the Lord Ordina
A student who was diagnosed with post-traumatic stress disorder following the Glasgow bin lorry crash has had a claim for damages refused. Danielle Weddle, who witnessed the immediate aftermath of the incident in which a bin lorry mounted the pavement and caused the deaths of six people in December
A man found guilty of theft by housebreaking who claimed there was “insufficient evidence” that he was at the scene of the crime at the time of the offence has had an appeal against his conviction rejected. Richard MacPherson, who was sentenced to three-and-a-half years' imprisonment, ch
A man accused of “sexting” people he believed to be children has successfully challenged the Crown’s bid to lead evidence gathered by a pair of so-called “paedophile hunters”. A sheriff ruled that the evidence was “inadmissible” because the means used to ind
Campaigners who claimed that legislation allowing women to terminate pregnancies by taking abortion pills at home is “unlawful” have had their appeal rejected. The Inner House of the Court of Session upheld a judge’s decision to dismiss a legal challenge brought by the Society for
An Iraqi national of Kurdish ethnicity whose claim for asylum in the UK was refused will have his case reconsidered after appealing against the decision. The appellant argued that both the First-tier Tribunal (FTT) and the Upper Tribunal (Immigration and Asylum Chamber) (UT) “materially erred