A sheriff has called for a change to the summary application rules after granting an order allowing the police to detain a sum of cash seized by officers on the basis that there were “reasonable grounds” for suspecting that the money may be recoverable property. Sheriff Gregor Murray at Forfar c
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A prisoner who claimed that his human rights had been breached because he had not been given a reasonable opportunity to rehabilitate himself has had a legal challenge dismissed. A judge in the Court of Session refused the petition for judicial review after ruling that the Scottish Prison Service di
A human trafficking victim whose application for accommodation as a homeless person was rejected by a Scottish local authority has had a legal challenge against the decision dismissed. A judge in the Court of Session upheld the decision by Aberdeen City Council to refuse her application on the groun
A man found guilty of sexual assaulting a woman who claimed there was insufficient evidence to corroborate her account of lack of consent has failed in an appeal against conviction. The High Court of Justiciary Appeal Court refused the appeal by Craig Wilson after ruling that the evidence of distres
An Iraqi national who had been living in Greece but fled to the UK following attacks by the Neo-Nazi Golden Dawn group has successfully challenged the Home Secretary’s decision to certify his asylum and human rights claims as “clearly unfounded”. The decision meant that Sharif Kadir would be u
The Criminal Appeal Court has called for a review of the legislation and guidelines on sentencing for those convicted of making and being in possession of indecent images of children after quashing the extended sentences imposed on three men who were found with hundreds of pictures and videos depict
A disabled man who was unable to board a bus because a mother with a buggy refused to vacate the space has had his appeal unanimously allowed, albeit to a limited extent, by judges in the Supreme Court. The appeal concerns the lawfulness of a bus company’s policy in relation to the use of the spac
A man who claimed he was sexually abused as child in a Catholic school more than 50 years ago has failed in an appeal against a judge’s decision that the action was time-barred. The Inner House of the Court of Session upheld the Lord Ordinary’s decision on the application of the long negative pr
A man facing extradition to Poland who challenged the order to extradite him on medical grounds has had an appeal dismissed. The High Court of Justiciary Appeal Court upheld the decision of the sheriff to order the appellant’s extradition to the Republic of Poland in terms of section 21(3) of the
A homeowner who claimed that a Scottish local authority acted beyond its powers in imposing a condition that a property owner required to pay their share of the cost of repairs to a tenement by the time the final account for the works was issued or be liable for the full costs has had his legal chal
A businessman is suing a Scots lawyer over the solicitor’s allegedly “negligent” advice in the purchase of a petrol station and car wash. A judge in the Court of Session allowed a proof in the action by Sajjad Soofi against Jeffrey Dykes of Glasgow solicitors’ firm Dykes, Glass and Co, over
A mother found guilty of contempt of court and sentenced to three months' imprisonment after breaching court orders that she facilitate contact between her son and the child’s father has successfully appealed against her conviction and sentence. The Inner House of the Court of Session ruled that t
A golfer who was seriously injured when he fell into a manhole on a course has had an action for damages against his fellow club members dismissed. Colin Taylor sued the eight members of the executive board at Colville Park Golf Club in Motherwell, not as representatives of the club, but in a person
Two Nigerian entrepreneurs who were granted permission to remain in the UK have successfully challenged decisions to revoke their leave.The Aberdeen-based businessmen had each set up their own IT consultancy company, but due to the downturn in the oil industry they required to diversify their busine
The Criminal Appeal Court has issued an opinion clarifying whether and when the admissibility of evidence seized under a valid search warrant may competently be challenged by preliminary issue minute. A full bench held that a distinction could be drawn where the challenge is to the granting of the w
