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A soldier found guilty of threatening the “mass murder” of Muslims after claiming he was “unable by reason of mental disorder to appreciate the nature or wrongfulness of the conduct” has had an appeal against his conviction rejected. Scott Mackay argued that the sheriff “misdirected” the

A disabled woman who converted a bedroom in her rented housing association property into a second living room so she could have a living space separate from her carers was still liable for the higher rate of the so-called “bedroom tax”, appeal judges have ruled. The Inner House of the Court of S

The Scottish Legal Complaints Commission (SLCC) does have the power to re-categorise certain complaints which it had previously classified as “hybrid” complaints involving both a lawyer’s conduct and the services provided. By a majority of two-to-one, judges in the Inner House of the Court of

The Crown has successfully challenged a judge’s decision that an admission made by a mother accused of assaulting her child during a conversation with a social worker in hospital was “inadmissible”. The Criminal Appeal Court allowed the appeal after ruling that the evidential hearing judge “

A man accused of being in possession of indecent images of children has failed in an appeal against a sheriff’s decision to extend the time bar for prosecutors to bring him to trial. The Criminal Appeal Court refused the appeal after ruling that the sheriff applied the correct test and could not b

Prosecutors have successfully challenged a sheriff’s decision to desert simpliciter a case against a man accused of a catalogue of domestic abuse charges. The sheriff deserted the trial after the Crown had repeatedly failed to disclose the telephone records of the appellant and his wife, but the C

A full bench is to review the procedure for challenging the validity of a police search warrant granted by a sheriff and the admissibility of evidence obtained from the search. Three judges of the High Court of Justiciary Appeal Court observed that there was “confusion” among the legal professio

A woman facing an action for payment of more than £170,000 following a “gratuitous alienation” who claimed that the statutory defences available to a challenge to such a transfer breached her human rights has had her defence dismissed. The case raised the issue of whether the terms of section 3

A Swedish man whose daughter was “wrongfully removed” from Sweden to Scotland by her mother has been granted a court order to have the eight-year-old girl returned to the country of her birth. A judge in the Court of Session granted the order under the Child Abduction and Custody Act 1985 after

A Scottish local authority involved in arbitration proceedings with a building company following a dispute over a construction contract has had an application for a court order prohibiting disclosure of the identity of the parties refused. A judge in the Court of Session noted that the names of the

A woman who challenged a Scottish local authority’s decision to grant planning permission for the development of a new wind farm in Perthshire has had her appeal refused. Helen Douglas argued that Perth and Kinross Council failed to have proper regard to its obligations as planning authority in re

A Portuguese man whose daughter was “wrongfully removed” from Portugal to Scotland by her mother has failed in a legal bid to have the 10-year-old girl returned to the country of her birth. A judge in the Court of Session refused to grant an order under the Child Abduction and Custody Act 1985 a

A consultant cardiac surgeon who disputed a sheriff’s fatal accident inquiry finding over a “reasonable precaution” which the doctor could have taken whereby the death might have been avoided has had his legal challenge against the determination dismissed. A judge in the Court of Session refus

A man found guilty of a series of rape and sexual abuse charges has successfully appealed against his conviction of some of the offences. The Criminal Appeal Court ruled that the doctrine of “mutual corroboration” could not be applied because of the “long lapse of time” between the relevant

The liquidators of a distribution services company which sold its principal asset for half its market value have failed in a legal challenge against the transaction. A judge rejected the claim that the sale amounted to a “gratuitous alienation” and ruled that the price paid was “adequate consi