An appeal by the occupiers of the so-called “Independence Camp” against a move to evict them from the grounds of the Scottish Parliament has been rejected. The Inner House of the Court of Session upheld a decision by Lord Turnbull that that the order seeking their removal was “proportionate”
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A Somalian refugee convicted of rape who successfully challenged a decision to deport him to his home country on human rights grounds has seen an appeal against that ruling refused. The Inner House of the Court of Session refused an appeal by the Home Secretary against an Upper Tribunal ruling, whic
An accountant who was banned from being a company director after he paid trade creditors but not HM Revenue and Customs (HMRC) when his business went into liquidation has failed in an appeal against his three-year disqualification. Patrick Bradley was a director of Barhaul (2003) Limited, which went
Judges have issued their reasons for setting aside the acquittal of a man accused of the 1998 murder of Surjit Singh Chhokar in Overtown, Lanarkshire. The High Court of Justiciary Appeal Court granted an application by the Lord Advocate to bring a new prosecution against Ronnie Coulter after ruling
that an application for a warrant might be made, Clyde & Co wrote to the sheriff clerk in Edinburgh on 11 July 2016 requesting they be contacted in that event, with a view to S being represented at any hearing, as it would be “oppressive and prejudicial” for a warrant to be granted a warran
A witness in an “abusive behaviour” case who was found in contempt of court after failing to attend court but later gave evidence at the trial has had a petition to the nobile officium of the High Court of Justiciary refused. Judges rejected the petitioner’s claim that he “purged his contemp
A man who was sentenced to 28 months detention after being convicted of being concerned in the supply of ecstasy has had his sentence reduced on appeal following a reference to the High Court of Justiciary Appeal Court by the Scottish Criminal Cases Review Commission. The appeal judges held that the
A teenager who was jailed after admitting a charge of assault to severe injury and permanent disfigurement has successfully appealed against his custodial sentence. Harry Finnegan, who was 19 at the time of the offence, was sentenced to 18 months’ detention after pleading guilty to punching a man
A man found guilty of assault with intent to rape who claimed that the sheriff misdirected the jury has successfully appealed against his conviction. The Criminal Appeal Court ruled that a “miscarriage of justice” had occurred after the sheriff failed to give appropriate directions on the credib
A man acting under a power of attorney who claimed that a local authority should pay for his elderly mother’s 24-hour one-to-one care at home has had a petition for judicial review dismissed. The petitioner “PQ” argued that the respondent Glasgow City Council failed to perform its statutory du
A Ukrainian widow seeking leave to remain in the UK with her daughter and son-in-law has successfully challenged a decision by the Secretary of State for the Home Department (SSHD) to refuse her claim as “clearly unfounded”. A judge in the Court of Session reduced the decision, which precluded a
A man who was sentenced to a total of five years' imprisonment after admitting assaulting police officers while on duty and assaulting a procurator fiscal depute in court has failed in an appeal against sentence. The Criminal Appeal Court dismissed the appellant’s claim the total sentence imposed
A council house tenant who challenged an occupancy agreement after falling into arrears, on the grounds that the local authority failed to consider her ability to pay the rent, has had her petition dismissed. A judge in the Court of Session rejected the challenge after ruling that the petition was b
The executors of a deceased man who paid £150,000 to a woman in order to purchase and renovate property in which they lived together have failed in their claim to recover the money on the basis of “unjustified enrichment”. A judge in the Court of Session refused the claim for payment after ruli
