An appeal by five people, who claimed to have right of access over the driveway of a house in Aberdeen, of a decision that the right of access is restricted to only two of them has been refused by the Inner House of the Court of Session. Ian Hawthorne and others raised the reclaiming
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A man who was convicted of historical lewd, indecent and libidinous practices and behaviour between 1983 and 1987 has had his appeal against conviction and sentence refused. James Penrice argued that the trial sheriff had misdirected the jury in relation to evidence led regarding another simila
The Court of Appeal (Civil Division) has remitted care proceedings in respect of a baby whose brother died to the Family Division after finding that the original judge may have expressed bias against one of the parties when she made a number of pejorative comments to her clerk about t
The owner of six coffee shops in Edinburgh who received reduced support under the Scottish Ministers’ grant scheme for hospitality businesses during the COVID-19 pandemic has failed to challenge the decision of the Scottish Ministers to give smaller additional grants to businesses wi
A local authority has been granted an interdict against the sale of a farm in West Calder on the basis that a right of pre-emption contained in a feu disposition had survived the abolition of feudal tenure in Scotland. West Lothian Council raised the action against the executors of George
A Polish national who made a return order for his young child under the 1980 Hague Child Abduction Convention has had his application remitted for rehearing following an appeal by the child’s mother. The child, M, had been residing with his mother, another Polish national, in England, wit
A husband has been ordered to transfer over £700,000 to his wife in order to realise a fair and equal division of matrimonial assets between them in their divorce, but only after legal proceedings against him in Pakistan have been withdrawn. The pursuer, ASA, instigated divorce proceeding
The High Court of Justiciary has allowed an appeal against conviction for charges of rape and indecent assault on the ground that the two charges were too materially different to mutually corroborate one another. Aadam Mohammed was originally tried for three charges, two of rape and o
A citizen of El Salvador who claimed that he would be a victim of organised crime if he was deported from the UK has failed to petition for a judicial review of the decision to deport him. The petitioner, known as DY, sought review of a decision by the Upper Tribunal not to allow him to appeal
A man who was convicted of attacking and robbing two men in Aberdeenshire while he was on bail has had his appeal against the convictions refused. Brandon Douglas was convicted on two charges; one of assault and robbery alongside his co-accused Martin Gemmell, and one of attempted murder and ro
A man who claimed that he was due payment for his share of the value of items from his late father’s estate that were not listed in the inventory of the estate has failed in his action for payment. Colin Carnegie Smith’s father, Andrew Carnegie, died on 10 February 1999 with no will
A Scottish man who is the subject of an extradition request by the US government has failed in his challenge of a sheriff’s decision to grant permission for the extradition to go ahead. James Craig was accused of an offence relating to securities fraud which caused losses of $1.6 million
A man who was sentenced to 27 months’ imprisonment for sexually assaulting a woman has had his appeal against conviction refused by the Appeal Court of the High Court of Justiciary. Gavin Macdonald argued that the trial sheriff’s use of the word “victim” to describe the
A man who lives near a waste water treatment plant in the Highlands has failed to obtain declarator of continuing nuisance in respect of noxious fumes that were present in his garden. William MacBean, a resident of Boat of Garten, originally raised the action against Scottish Water in 2017
A blogger who sued the former leader of the Scottish Labour Party for defamation for calling him “homophobic” in response to a tweet he had made about a Scottish Conservative Party MSP has had his appeal refused. Stuart Campbell, who has run the Wings Over Scotland blog since 2011, chall
