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A man accused of drugs-related offences who challenged the admissibility of “expert” evidence of a police officer whose report included content copied from the “Ask Frank” government-funded website has failed in an appeal. The Criminal Appeal Court upheld the sheriff’s decision to repel th

A gamekeeper who was found guilty of killing a buzzard after a sheriff rejected his special defence of alibi has failed in an appeal against his conviction. By a majority of two-to-one, the Criminal Appeal Court refused the appeal after ruling that the sheriff provided “adequate reasons” for acc

The Supreme Court has referred the question of whether a Directive on equal gender treatment as regards social security precludes the imposition in national law of a requirement that, in addition to satisfying the physical, social and psychological criteria for recognising a change of gender, a pers

A man found guilty of two charges of using lewd, indecent and libidinous practices and behaviour towards two pre-pubescent girls on the basis of “mutual corroboration” has successfully appealed against his conviction. The Criminal Appeal Court ruled in the case of RG v Her Majesty’s Advocate t

A dental health nurse who was dismissed after being denied legal representation in disciplinary proceedings against her NHS employer cannot challenge the decisions by way of judicial review, a Court of Session judge has ruled. Lord Burns refused a petition by Susan Dryburgh, who was dismissed by NHS

A woman who raised a damages action against a health board following the death of her care home resident husband will be allowed to pursue her claim, after a judge in the Court of Session ruled that she had averred “more than the bare bones of a case”. The judge rejected the health board’s arg

A road traffic accident victim who sought to challenge a judge’s charge to a jury after the jurors had retired to consider their verdict in her damages claim against the driver who knocked her down has had her note of exception dismissed because it came “too late”. A judge in the Court of Sess

Damages claims against motor insurance bureaus should be determined according to the law of the state in which the accident occurred, the Supreme Court has ruled. Ms Moreno is a UK resident. In May 2011, whilst on holiday in Greece, she was hit by a car. The car was registered in Greece and driven b

An attempt to commit the statutory offence of rape is an indictable crime, appeal judges have ruled. The Criminal Appeal Court held that an attempt to commit the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009 was a competently libelled charge, in refusing an appeal agains

In a claim to set aside a compromise on the basis of fraudulent misrepresentation, the defrauded representee need not prove it settled in the belief the misrepresentation were true in order to demonstrate influence by or reliance on that misrepresentation. The respondent, Mr Hayward, suffered an inj

A golf club which sued the suppliers of an electric trolley after a “Motocaddy” caught fire and caused extensive damage to a clubhouse has had an action for more than £500,000 damages refused following an appeal. Judges in the Inner House of the Court of Session upheld a decision of the Lord Or

A solicitor who resigned as a partner in a Scots law firm following a dispute about his entitlement to certain payments has failed in his claim against the firm. Judges in the Inner House of the Court of Session allowed an appeal by RGM Solicitors against former partner John Fraser Tait, after rulin

The owners of a pub and proprietors of properties within a tenement which was destroyed by a fire are to be awarded more than £2 million in damages after a judge ruled that the building’s electricity suppliers were at fault for the blaze. The Court of Session held that the electricity company wer

A man seeking damages from the estate of his late mother-in-law on the basis that she failed to honour an oral agreement that she would leave her house to him in her will has lost his legal bid after his brother-in-law won an appeal. Allowing the appeal by the woman’s son and executor, judges in t

The widow of a scuba diving enthusiast who was killed in an accident will not be able to pursue her claim for damages against the owners and operators of a vessel from which her late husband fell and drowned, after a judge ruled that her negligence claim was “time-barred”. The Court of Session h