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A bench of five judges is to review the directions to be given to a jury as to how they should treat video evidence presented to them at trial. Three judges of the High Court of Justiciary Appeal Court observed that the law was in a “state of uncertainty” and that now would be an “appropriate

A motorist who was sued after she struck a pedestrian suspected of attempting suicide at the time of the accident has been cleared of any liability. A judge in the Court of Session ruled that the pursuer, who could not remember anything about the time of the accident, failed to establish that the dr

A maths teacher found guilty of two charges of child sex offences 17 years apart on the basis of “mutual corroboration” has successfully appealed against his conviction. The Criminal Appeal Court ruled that there were no compelling features of such a striking similarity to suggest that the two o

A nurse who broke her wrist and later developed a debilitating health condition after slipping on a wet hospital floor has been awarded almost £50,000 damages. Kathleen Ann McLeish, 60, was working in the A&E department at Edinburgh Royal Infirmary when she fell on a slippery surface in one of

A motorcyclist who was seriously injured in an accident has had a £250,000 damages action against a Scottish local authority over the council’s alleged failure to repair a damaged strip of road dismissed. A judge in the Court of Session ruled that the pursuer had failed to prove that the defender

The Court of Session has refused to allow the relatives of a mechanical fitter who died as a result of exposure to asbestos to amend their claim in their personal injury action for damages against the state. A judge held that the new claim set out in the minute of amendment, which was lodged after t

A man who attempted two bring two stun guns disguised as mobile phones into the UK after buying the weapons while on holiday has had an appeal against his five-year prison sentence refused. The Criminal Appeal Court ruled that Henry Morton failed to show “exceptional circumstances” that would ju

A mother-of-one who was seeking a court order to relocate from Scotland to England with her two-year-old son against the wishes of the child’s father has had her application refused. A judge in the Court of Session ruled that a residence order providing that the child reside with the mother was �

DWF LLP has failed in a plea to have a £1 million claim against it dismissed in a commercial action brought by the landlord of its former Glasgow offices. The UK law firm, which entered the Scottish legal sector in 2012 via its merger with Biggart Baillie, is being sued by commercial property landl

A prisoner subject to an order for lifelong restriction (OLR) who claimed his human rights had been breached because he had not been given a “reasonable opportunity” to demonstrate that his continued imprisonment was “no longer necessary for the protection of the public” has had his claim fo

A man found guilty of wilful fire-raising on an “art and part” basis after paying another man to start the blaze has failed in an appeal against his conviction.

A man found guilty of historical child sex offences who claimed he suffered a “miscarriage of justice” as a result of a sheriff’s “misdirection” has failed in an appeal against his conviction. The appellant claimed that the sheriff misdirected the jury on the possible application of the do

The family of a man who drowned after his vehicle collided with a “defective parapet” on a bridge and fell into the sea have successfully sued the local authority. Plumber David Bowes, 46, drowned after his pick-up truck collided with the parapet on the Kyle of Tongue Bridge in Sutherland and fe

A former member of the armed forces who claimed he was entitled to a larger discount on the purchase price of his council home than he was offered under “right to buy” legislation has had his appeal refused. The appellant claimed his previous occupation of army property entitled him to a higher

A Crown application to lead hearsay evidence of a now deceased victim of an alleged fraud has been granted following an appeal. A sheriff had refused the application made under section 259 of the Criminal Procedure (Scotland) Act 1995 on the basis that the statements would amount to the “sole or d