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A man accused of historical child sex offences has had proceedings against him deserted after he successfully challenged a sheriff’s decision to allow more time for prosecutors to bring the case to trial following inexplicable delays by the Crown in securing the evidence of a key witness. The High

A rapist who was not given the option of legal advice when interviewed by the police and whose application for judicial review of the Scottish Criminal Cases Review Commission’s decision not to refer his case for a second time to the High Court of Justiciary on the basis of, inter alia, Cadder v H

A group of Scottish tenant farmers who claimed they had suffered “loss, injury and damage” after being evicted from their farms due to “unlawful” legislation are entitled to limited compensation, a judge has ruled. The Court of Session held that the state should compensate the individuals fo

A sheriff’s decision to discharge a man who was arrested on a European Arrest Warrant after ruling that the crime narrated was not an offence in Scots law has been overturned following an appeal. Miroslaw Lisek was convicted of stealing sewing machines after failing to return the items, which had

A punter who placed a £100 bet at odds of 2500/1 for “Rangers to be relegated” from the Scottish Premier League has had his £250,000 claim against the bookmakers rejected after the company refused to pay out. A judge in the Court of Session ruled that the simple, natural and ordinary meaning o

A 40-year-old case on the effect of arrestment of a company’s property following the appointment of a receiver was “wrongly decided”, a five-judge bench has ruled. The Inner House of the Court of Session held that the court in the 1977 case Lord Advocate v Royal Bank of Scotland, which ruled t

The mother of a child who was placed in the care of a couple later approved as kinship carers has successfully challenged a decision to make an order for the adoption of her daughter. The Inner House of the Court of Session ruled that the decision of the sheriff to make the adoption order and dispen

” by the appellant. Accordingly, it would not have been sufficient for the appellant simply to have knowledge of assaults being committed by her co-accused and, it was submitted, it was essential that the jury were given clear directions to enable them to understand what was necessary by way of ev

A man who claimed that a Scots lawyer who acted for his wife in a divorce action marketed the estranged couple’s property for sale without his consent has failed in an appeal against a tribunal’s decision to dismiss his complaint against the solicitor. The Inner House of the Court of Session rul

A former prisoner who claimed that the policy of hand-cuffing him when he was escorted from jail to hospital for medical appointments while he was serving his sentence breached his human rights has had a damages claim dismissed. Easdale Campbell, who was convicted of attempted murder in 1996, argued

A couple who claim their house has been damaged by black “whisky fungus” from a local distillery will be able to pursue their action for damages. A judge in the Court of Session ruled that Thomas Chalmers and his wife Gail Chalmers had pled a “sufficient case” on liability to allow their cla

The liquidator of a multi-million pound hedge fund who raised a damages action against two Scottish legal firms for alleged “breached of contract, negligence, breach of fiduciary duties and dishonest assistance” has been granted a proof before answer. The Inner House of the Court of Session rule

Parents who challenged a permanence order made in respect of their child have had their appeals against a decision of the Inner House unanimously allowed by Justices in the Supreme Court. These appeals arise out of an application by West Lothian Council (“the local authority”) for a permanence o

A jobseeker who was denied employment in a care home after a disclosure check revealed that he had been “convicted” before a Children’s Hearing of lewd and libidinous practices nearly three decades ago had his human rights breached. A judge in the Court of Session ruled that the automatic disc

A Scottish mother has lost a legal dispute with the Australian father of her child after failing in an appeal against a judge’s ruling that their one-year-old son should be returned from Scotland to Brisbane so judges there can determine the baby’s future. The Inner House of the Court of Session