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A man who was given a non-harassment order (NHO) when his sentence was deferred for “good behaviour” after he was found guilty of “threatening or abusive behaviour” likely to cause “fear or alarm” has had an appeal against the order dismissed. The appellant challenged the competency of t

A freight forwarder found guilty of being concerned in the supplying of cocaine who claimed that his detention by police and recovery of his mobile phone was “unlawful” has had an appeal against his conviction refused after he failed to give notice of his objection to the admissibility of the ev

A man who was given an order for lifelong restriction after being convicted of attempted murder has had an appeal against his sentence refused. It was argued that the sentencing judge erred in concluding that the appellant met the “risk criteria”, but the Appeal Court of the High Court of Justic

The term "spouse" includes a spouse of the same sex for the purposes of European free movement, even in member states whose laws do not provide for same-sex marriage, according to Advocate General Melchior Wathelet. Although member states are free to authorise marriage between persons of the same se

A provision in criminal proceedings which allows a party to serve a statement of uncontroversial evidence (SUE) on the other party is available in extradition proceedings, a sheriff has ruled. Sheriff Nigel Ross held that the procedure outlined in section 258 of the Criminal Procedure (Scotland) Act

A Scottish woman who was struck by a motorcyclist after an afternoon of drinking in a pub while on holiday in Spain will have any damages awarded to her reduced after she was found to have “materially contributed” to the accident. A sheriff in the All-Scotland Sheriff Personal Injury Court ruled

A panel which regulates company takeovers has been granted a court order requiring the chairman of Rangers Football Club to make an offer for all the issued ordinary share capital of Rangers International Football Club Plc not already controlled by him. A judge in the Court of Session found in favou

An apprentice thermal insulation engineer who is suing his employer following an accident at work will have his case heard by a jury after a judge rejected the company’s claim that the £2 million damages action was too complex. A judge in the Court of Session was not persuaded that “special cau

Scottish courts have an “inherent power” to depart from the principle of open justice and make an order for anonymity to prohibit publication of and to protect the identity of alleged victims of extortion, appeal judges have confirmed. The judges ruled that the complainer’s “right to privacy

A “prominent figure” in the pipe band world who was found guilty of “sexting” a drumming student has had an appeal against his conviction refused. John Moneagle, 59, was convicted of “behaving in a threatening or abusive manner likely to cause a reasonable person to suffer fear or alarm”

A man convicted of murder and embezzlement has been made the subject of a confiscation order after a High Court judge ruled that he had made almost £120,000 as a result of his “criminal lifestyle”. Colin Coates, who was sentenced to life imprisonment with a punishment part of 33 years after bei

A motorist who was found guilty of driving while using a mobile phone after he was seen by two police officers has had an appeal against his conviction rejected. The appellant claimed that the evidence of two police witnesses was “insufficient” to prove that an offence had been committed, but th

A scaffolder who was sentenced to 12 months’ imprisonment after pleading guilty to having a kitchen knife in his car which was found following a police search has successfully appealed against his sentence. A sheriff had rejected the accused’s plea in mitigation that the knife was used as “wor

A FTSE 100 company which is seeking to enforce a contractual restriction preventing a former employee setting up a rival partnership business has had a motion for interim interdict refused. A judge in the Court of Session said she was not persuaded to exercise her discretion by granting the interim

A tenant who challenged a sheriff’s decision that he was liable to pay his former landlord two months’ unpaid rent has had his appeal dismissed. The Sheriff Appeal Court upheld the sheriff’s ruling that the landlord’s breach of certain statutory obligations did not render the lease agreement