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Individuals seeking to challenge an age assessment in court should do so by judicial review, a judge has ruled. Lord Woolman in the Court of Session held that while an action for declarator was also a competent remedy, there were “decisive advantages” to proceeding by way of judicial review.

A man found guilty of raping his partner who claimed that he “reasonably believed” she was consenting has failed in an appeal against his conviction. The appellant argued that the trial judge “misdirected” the jury by advising them that they could use evidence of the complainer’s distress

A man convicted of sexual offences who objected to the admission of social media messages to one of the complainers has failed in an appeal against his conviction. The appellant claimed that the Facebook messages were “irrelevant” to the proof of the alleged assaults, but the Appeal Court of the

Two men facing drugs trafficking charges who challenged the admissibility of evidence of the recovery of a car key obtained from a police search of a hotel room have had their appeal rejected. It was argued that since the search had been found to be “unlawful” the judge had been wrong to allow t

Countryside campaigners who sought judicial review of a decision to approve plans for a new wind farm in a designated “wild land” area have had their legal challenge dismissed. Danish billionaire and landowner Anders Povlsen, director of Wildland Limited, which owns the Ben Loyal, Kinloch and Ho

A mother who sued a health board claiming that failures by hospital staff in the lead up to the birth of her child resulted in her baby being born with severe disabilities has had her appeal for damages dismissed. The woman “AW” raised an action against Greater Glasgow Health Board alleging negl

A local authority contracting organisation which raised an action against a quarry product supplier following a series of failed road repairs has had its damages claim dismissed. Tayside Contracts claimed that the chippings it purchased from D Geddes (Contractors) Limited for road surface dressing w

A prisoner who was assaulted in jail after warning a prison officer that a fellow inmate had threatened to “smash his f****** Polish face in” is entitled to damages, the Court of Session has ruled. Keith Porter was convicted of attempted murder following the attack on Daniel Kaizer in December 2

A couple from England have been granted a court order to adopt two Scottish children despite the children’s parents opposing the applications. The siblings were taken into care following concerns about their well-being while in the care of their parents and had been living with their natural mothe

Two men found guilty of rape who claimed that the trial judge “misdirected” the jury over their role in assessing video evidence of the incident have had their appeals against their convictions refused. A five-judge bench in the Appeal Court of the High Court of Justiciary ruled that the judge�

A man found guilty of rape who claimed that the advocate depute’s cross-examination and speech to the jury were so prejudicial that he did not receive a fair trial has had an appeal against his conviction refused – but appeal judges criticised the Crown Office over the way the prosecutor conduct

Two professional pianists who claimed they entered into a partnership with an IT expert with a view to creating gay social network applications for profit have had their appeal rejected. The Inner House of the Court of Session upheld a ruling by the Lord Ordinary to the effect that while the parties

A Latvian man convicted of shooting a police officer in the head with a pellet gun who challenged a decision by the Home Secretary to remove him from the UK on the basis that he had lived in the country for more than ten years has had his appeal against the deportation order dismissed. The Inner Hou

A woman who was assaulted by her mother when she was a baby has failed in an appeal against a decision to refuse her claim for criminal injuries compensation. The Inner House of the Court of Session held that it was within the Government’s discretion for “socio-economic policy” reasons not to

Rangers has failed in its appeal to the Supreme Court against a decision of the Inner House of the Court of Session over the use of Employee Benefit Trusts (EBTs) in a case clarifying the question whether an employee’s remuneration is taxable as their emoluments or earnings when it is paid to a th