A Chinese woman who claimed she would be persecuted if returned to her home country having had two children out of wedlock has successfully challenged a decision to refuse her application for asylum. The Upper Tribunal had upheld a decision of the First-tier Tribunal to dismiss the woman’s appeal,
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A paedophile convicted of two charges of rape who was given an Order for Lifelong Restriction has failed in an appeal against his sentence after appeal judges rejected his claim that the punishment imposed was “excessive and disproportionate”. The Appeal Court of the High Court of Justiciary ref
A man found guilty of sexually assaulting his wife “to her severe injury and to the danger of her life” has successfully appealed against his conviction based on the existence and significance of evidence which was not heard at the original proceedings. The Appeal Court of the High Court of Just
The Lord Advocate’s appeal to the Supreme Court that the Appeal Court of the High Court of Justiciary determined a devolution issue in a case involving the extradition of a man convicted of crimes in Taiwan has been unanimously allowed by justices in the Supreme Court who also found that the Appea
The Crown has successfully challenged a judge’s decision to acquit two men accused of assault and robbery charges after appeal judges held that there was sufficient proof of identification on one charge and that the evidence relating to the similarities between the separate offences would entitle
A consultant engineer who was seriously injured after he slipped and fell on a patch of black ice in a car park has had a £125,000 damages claim against a Scottish local authority dismissed. Alan Cairns suffered “life-changing” injuries as a result of the accident on Saturday 1 December 2012 in
The High Court of Justiciary Appeal Court has published a decision in which it refused an appeal by former Rangers owner Craig Whyte to have the fraud charge against him in relation to his takeover of the club dropped prior to the start of his trial. It was argued that a previous ruling which define
A motorist who claimed more than £180,000 in damages following a relatively minor collision in which a car reversed into his vehicle while parked at a petrol station has been awarded just a fraction of that amount. Grant Grubb raised a personal injury action seeking £182,880 after John Finlay admi
Two drug dealers convicted of being concerned in supply of drugs with a street value of some £400,000 have had their prison sentences reduced following an appeal. The Criminal Appeal Court ruled that the sentences imposed on Gary Corkindale and Alexander Connelly were “excessive” and substitute
A Chinese asylum seeker whose application was refused has successfully challenged the Home Secretary’s decision to refuse to treat further submissions in a human rights claim as a “fresh claim” after a judge ruled that the wrong legal test had been applied. The further submissions were based u
A man found guilty of brandishing a knife at two men who came after him with nunchuks and a baton has failed in an appeal against his conviction after claiming the non-availability of CCTV evidence resulted in an “unfair” trial. The Criminal Appeal Court ruled that there was no “miscarriage of
A party litigant who argued that a solicitors’ firm instructed by the other party should be barred from acting because one of its consultants had previously represented her while working as a partner in a firm which merged with the opponent’s firm has her claim dismissed. By a majority of two-to
A warrant authorising the police to enter the offices of a London law firm and to take possession of documents relating to the “acquisition, running, administration and disposal of the assets” of Rangers Football Club was suspended after appeal judges ruled that its terms were “oppressive”.
A woman accused of smashing the windscreen of a car driven by her estranged partner has been found guilty of vandalism after a sheriff ruled that her belief that they were the joint owners of the vehicle was no defence to the statutory charge of wilfully or recklessly damaging property belonging to
Afghan man with British partner wins right to ‘in-country’ appeal against refusal of leave to remain
An Afghani national who had been refused leave to remain in the UK as a partner of a British woman has successfully challenged a decision to certify his asylum and human rights claims as “clearly unfounded”. The decision to certify his claim meant that Aziz Hussini would be unable to appeal the
