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A man who challenged a judge’s order granting authority to a Scottish council to bury the mummified remains of his parents has had his appeal dismissed. Melvyn Marcel delayed the burial of his mother Hilda and father Eugenios and stored their bodies until he could build a mausoleum in the grounds

A divorcee who disputed the interpretation of a factor in a formula governing the valuation of a person’s rights or interests in a pension arrangement has had her appeal unanimously allowed but justices in the Supreme Court. Mr McDonald (the respondent) worked as a miner for British Coal. He joine

A sheriff’s decision to sustain a plea in bar of trial based upon the “entrapment” by police of a teacher accused of seeking to engage in sexual activity with a child has been upheld after appeal judges refused an appeal by the Crown. The Appeal Court of the High Court of Justiciary ruled that

An order requiring employment tribunal claimants to pay a fee in order to bring a claim has been declared unlawful under both domestic and EU law as it prevents access to justice, the Supreme Court has ruled. Parliament has conferred statutory rights on employees, including through legislation givin

The burden of proof establishing that a proposed marriage is one of convenience falls on the Secretary of State, justices in the Supreme Court have ruled. An EU citizen with a permanent right of residence in a host member state may have that right removed ‘in the case of abuse of rights or fraud,

A prisoner found guilty of assaulting a fellow inmate has had an appeal against his conviction refused after claiming the sheriff misdirected the jury over accused’s silence in response to the accusation that he carried out the attack. The Appeal Court of the High Court of Justiciary rejected the

A law firm which claimed that a former client had waived his right to bring a damages action against them after the expiry of the three-year time bar had its appeal refused. The Inner House of the Court of Session upheld a decision of the Lord Ordinary, who rejected the firm’s argument that the te

A man found guilty of being involved in serious organised crime who claimed he was denied a fair trial because the Crown accepted a plea from one of the co-accused in the presence of the jury has had an application for permission to appeal to the UK Supreme Court refused. Michael Stuart claimed that

A Scots lawyer whose firm overcharged clients and took fees to which it was not entitled has been struck off the solicitors’ roll. Alison Greer, 51, a cashroom partner in the firm, was found guilty of professional misconduct by the Scottish Solicitors’ Discipline Tribunal (SSDT) over a course of

Prosecutors successfully challenged a sheriff’s decision to refuse a vulnerable witness application made on behalf of a complainer in an assault case who said he was “terrified” of seeing the two woman accused of attacking him. The application was opposed because it was lodged too late, but th

An e-cigarette company whose trade mark was declared “invalid” because it was similar to that of a rival brand with a previously registered trade mark has had an appeal against the decision dismissed by a judge in the Court of Session. The case of CCHG Limited t/a Vapourized v Vapouriz Limited i

Two businessman found guilty of extortion following a violent assault and abduction who claimed that the trial judge’s speech to the jury had been “unbalanced” in favour of the prosecution have had their appeals against conviction dismissed. Refusing the appeal, the Appeal Court of the High Co

A prisoner has been granted permission to pursue a legal action against prison authorities for opening letters addressed to him. The so-called “Limbs in the Loch” murderer William Beggs is seeking £5,000 damages from the Scottish Ministers over the “unlawful” opening of his personal corresp

A Syrian man who had been granted refugee status in Bulgaria but claimed that to send him back there from the UK would breach his human rights has had his legal challenged dismissed. A judge in the Court of Session upheld a decision by the Secretary of State for the Home Department to certify the cl

A QC who sued the Scottish Government after resigning as chair of the Scottish Child Abuse Inquiry has had a £500,000 claim for damages dismissed. A judge in the Court of Session dismissed a claim by Susan O’Brien QC that a decision by the Scottish Ministers to instigate the process for terminati