Two patients detained at low and medium secure psychiatric units who claimed that the blanket ban on smoking in the grounds of the mental health hospitals breached their human rights have had their actions dismissed. A judge in the Court of Session ruled that the complete ban on smoking was “lawfu
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A Cameroonian woman who claimed she would be subject to forced marriage and female genital mutilation if she were returned to Cameroon has been granted permission to appeal in her bid for asylum. A judge in the Court of Session granted leave to appeal after ruling that the challenge had “substanti
A man convicted of murdering his wife who has been seeking to challenge his former employer’s decision to award him a reduced pension has had his case dismissed. David Lilburn, 54, who is currently incarcerated at the State Hospital in Carstairs after being sentenced to life imprisonment with a pu
A former partner in a property letting department of a firm of chartered surveyors who was interdicted from soliciting business from any company clients with which he had dealings after he set up a rival agency has successfully appealed against a decision that he was in breach of the court’s order
The Crown has successfully appealed against a judge’s decision to refuse an attempt by prosecutors to include evidence of alleged sexual offences which were previously held to be “time-barred” in a docket in an indictment libelling other sex crimes. In a landmark ruling, the Appeal Court of th
Trustees of the Scottish Solicitors Staff Pension Fund who raised an action against a legal firm and its former partners to recover a £90,000 deficit in the fund have had their claim dismissed. A judge in the Court of Session ruled that the trustees failed to plead a relevant case in law.
A child abuse victim who is suing a victim support charity over its handling of his claim for criminal injuries compensation has been granted a proof before answer in his £100,000 damages action. A sheriff ruled that the charity owed the victim a “duty to exercise reasonable skill and care” in
A Scottish bus driver facing extradition to Dubai to serve a sentence of 12 months’ imprisonment following his conviction of crimes of dishonesty has successfully challenged a bid to remove him to the United Arab Emirates after he argued that his human rights would be breached. Garnet Black, 64, f
A labourer who sued his former employers after developing post traumatic stress disorder following a fire at a power station from which he had to be rescued has had an appeal in his action for damages dismissed. The Inner House of the Court of Session upheld the decision of the Lord Ordinary to refu
A homeowner involved in a legal dispute with a Scottish local authority has won his appeal after arguing that the council acted beyond its powers in imposing a condition attached to the award of grant assistance, which required property owners to pay their share of the cost of repairs to their tenem
A foreign student who was alleged to have breached a condition attached to his grant of a visa has successfully challenged a decision by the UK Government to curtail his leave to remain. A judge in the Court of Session ruled that the decision by the Home Secretary to issue a notice revoking Muhammad
A Gambian “overstayer” who claimed asylum after becoming liable to deportation following a conviction for a drugs-related offence has successfully challenged the Home Secretary’s decision to reject his application for asylum. The petitioner’s original claim that he was a homosexual and that
A Chinese national seeking permission to remain in the United Kingdom on human rights grounds has successfully challenged a decision by the authorities to reject her application. The judge in the Court of Session ruled that the Home Secretary “fell into error” in reaching her decision that the p
A man found guilty of murdering a former girlfriend who claimed that evidence given by his ex-wife was so “prejudicial” that it rendered his trial “unfair” has had his appeal against conviction refused. The appellant argued that the trial judge erred in refusing a defence submission to deser
The family of a man who died in hospital after being admitted to the accident and emergency department have failed in their claim for damages despite the health board accepting that its staff were “negligent”. A judge in the Court of Session ruled that notwithstanding the fact that hospital staf
