A man who was jailed for four years after pleading guilty to serious and violent assaults against his former partner has failed in an appeal to have his sentence reduced. The Appeal Court of the High Court of Justiciary rejected the appellant’s claim that he ought to have been given
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A Polish national convicted of a series of offences and accused of other crimes in his home country who claimed that extradition to Poland would breach his human rights has had his legal challenge dismissed in a test case. Patryk Maciejec, 27, argued that new laws and procedures brought in by t
A dog-owner who challenged a sheriff’s decision to order the destruction of her pet Bullmastiff after it attacked a passer-by and another dog has had her appeal dismissed. The Appeal Court of the High Court of Justiciary rejected the argument that the sheriff ought to have imposed a
A mother who was found guilty of assaulting two police officers who unlawfully entered her home and tried to detain her has successfully appealed against her conviction. The High Court of Justiciary ruled that the sheriff’s decision to convict, which was upheld by the Sheriff Appeal
A man accused of the rape of woman while she was asleep who claimed that he had the consent of the complainer has had his appeal rejected. The High Court of Justiciary Appeal Court ruled that the terms of the legislation were “clear” that a person cannot consent to conduct while she is a
Relatives of a shipbuilder who died from an asbestos-related condition have been granted a jury trial in their action for damages against the deceased’s former employers. A judge in the Court of Session granted the pursuers’ motion to allow issues after rejecting the defenders’ cla
Two police officers involved in the incident which led to the death of Sheku Bayoh have successfully challenged decisions to refuse their requests to retire on medical grounds. PC Nicole Short and PC Alan Paton, who have both been sick leave since the incident four years ago and who have yet to be t
The former leader of the Scottish Labour Party who was accused of defamation over a newspaper article in which she described a social media comment published online by a pro-independence blogger as “homophobic” has successfully defended a legal action against her. Stuart Campbell, publis
Two asylum seekers who claimed that it was “unlawful” for their housing provider to evict them by changing the locks to their homes without first obtaining a court order for their removal have had their legal challenges dismissed. In a test case, a judge in the Court of Session dismissed
A motorist found guilty of causing death by dangerous driving who claimed that he “blacked out” behind the wheel as a result of medications he was prescribed has had a damages action against his GP dismissed. Vincent Friel sued Dr Ian Brown for “negligence”, bu
A Scottish local authority which sued engineering contractors over a failed social housing development that had to be demolished for health and safety reasons has had its £12 million damages claim dismissed. Midlothian Council raised an action against Blyth & Blyth Consulting Eng
A man who physically abused his wife and failed to contribute to the household finances or assist with raising the couple’s four children has had a claim for financial provision upon divorce rejected by a sheriff. The court granted the pursuer’s application for divorce after finding that
A serial offender with over 100 previous convictions has successfully challenged a sheriff’s decision to impose a supervised release order (SRO) after he was sentenced to four years’ imprisonment for an attempted robbery and a separate statutory breach of the peace. The Appeal Court
The owners of the former McEwens of Perth department store will not have to disclose the legal advice they were given before signing a personal guarantee granted to them by a bank in their action for reduction of the contract, a judge has ruled. John Bullough and his wife Georgina Bullough raised an
A serial offender who was sentenced to an order for lifelong restriction (OLR) following his fourth High Court appearance has had an appeal against a judge’s decision to impose the OLR rejected. John McKinlay, 29, who has convictions for rape and domestic abuse and assaulting fellow prison inm
