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A mother-of-five who failed to participate in legal proceedings in which her local authority applied to adopt her youngest child has had an appeal against a sheriff’s decision to grant the council’s petitioner dismissed. The Sheriff Appeal Court ruled that the sheriff had suffi

A teenager who claimed that Scottish legislation on “fixed penalty notices” breached European human rights law on the basis that there was no means of challenging the charge if an individual failed to ask to be tried for the alleged offence within the statutory 28-day time limit has had

A tenant of commercial premises which challenged an independent surveyor’s determination of the revised rent payable to the landlord has had its action dismissed as “incompetent”. A judge in the Court of Session ruled that that the court had “no jurisdiction” as the par

A man who claimed he was struck by a car when he was a primary school boy more than 50 years ago in an accident which he could not remember and of which there was almost no evidence has had has claim for £650,000 in damages against a Scottish local authority dismissed. A judge in the Cour

A consumer who purchased a new living room suite but rejected it following delivery because it was not of satisfactory quality and later gave it away after the seller ignored repeated requests to uplift the goods is entitled to a full refund, an appeal court has ruled. The Sheriff Appeal Court&

A woman with medical problems and restricted mobility who sued public works contractors after she fell and was injured as she tried to access her front door while excavation works were ongoing outside the property has won her appeal for damages. A sheriff in the All Scotland Personal Injury Cou

An Irish father-of-one who claimed that his estranged Scottish wife had unlawfully retained their daughter in Scotland after the child underwent emergency cancer treatment here has had an application for a court order for the toddler’s return to Ireland dismissed. A judge in the Court of Sessi

A Scottish local authority which entered into missives for the sale of land to a property developer and subsequently granted planning permission for the redevelopment of the site was not entitled to rescind the contract on the basis that the appropriate fee had not been paid when the planning applic

A man found guilty of rape who claimed that the evidence of the complainer’s distress, which was exhibited more than a day after the incident, was “too remote” to corroborate her account of lack of consent because she did not show any signs of distress in the intervening period has

A woman who was injured in a road traffic accident when a car she was travelling in was struck by a police van is suing Police Scotland for damages. Anji Mannas claims that although the physical injuries she sustained were “modest”, she suffered “severe and continuing psy

A man found guilty of attacking another man with a meat cleaver, who claimed that a sheriff was wrong to allow CCTV footage to be introduced as evidence after its existence only became apparent during the trial, has had an appeal against his conviction refused. Jamie Hyslop argued that the material

A woman who challenged a confiscation order imposed after her brother was convicted of drugs offences in an attempt to prevent the sale of a property in Edinburgh of which she claimed to be the “beneficial owner” has had her appeal rejected. The Inner House of the Court of Session&n

A Scot wanted by the FBI over an alleged shares scam has successfully challenged a decision by the UK Government to delay the introduction of a possible defence to his extradition to the USA. A judge in the Court of Session ruled that the UK Government was acting “unlawfull

Tommy Sheridan is entitled to interest on the £200,000 damages he was awarded following his successful defamation action against the publishers of the News of the World, at the judicial rate of 8% per year from the date of the jury’s verdict in 2006 until the principal sum was paid in 20

An absence of reasonable belief of consent, a key element of the statutory definition of rape, does not require to be proved by corroborated evidence and no direction on it is required unless it is a live issue at trial, the Criminal Appeal Court has ruled. The Lord Justice General, Lord Carloway, s