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A woman who alleged that she was raped by two professional footballers on the basis that she was incapable of giving “free agreement” because of the effect of alcohol has been awarded £100,000 damages after she was found to have proved her case. A judge in the Court of Session ruled that both S

Relatives of victims of the Glasgow bin lorry crash and the parents of two young women who were killed after being hit by a Range Rover which mounted a pavement has failed in a bid to bring private prosecutions against the drivers of the vehicles. Judges in the High Court of Justiciary Appeal Court

A man deemed “unfit to stand trial” after he had been found guilty of rape has successfully appealed against his conviction and sentence. Charles Murphy was convicted of seven charges involving serious assault, rape, lewd and libidinous practices, indecent assault and assault with intent to rape

Prosecutors successfully challenged a trial judge’s decision to desert a trial against three men accused of breaking into banks and blowing open cash machines. The trial judge had become “increasingly frustrated” at the Crown’s handling of the case and refused a motion to adjourn the trial w

A domestic assault victim who applied for criminal injuries compensation more than 30 years later but was told by a tribunal that her claim was “time-barred” has had an appeal against the decision dismissed. A judge in the Court of Session held that there was “no error of law” in the tribuna

Two concert pianists who argued that they entered into a partnership with an IT expert with a view to creating gay social network applications for profit have had their claim rejected by a judge. The Court of Session ruled that while the parties had a “common intention” to enter into a business

An owner of land on which electricity pylons have been installed by another party is not entitled to receive a payout for any period when the apparatus was on the land before the date of the grant of the necessary wayleave, a judge has ruled. Lord Glennie in the Court of Session refused a petition b

A “fugitive from justice” in Poland who claimed that his extradition from Scotland would breach his human rights has had an appeal refused. Jaroslaw Pofelski, who claimed that he had been held in custody for a total of four years in Poland while awaiting trial before leaving the country for Scot

The beneficiaries of a trust fund which was created by a now deceased woman to reduce the impact of inheritance tax on her family have had a petition for rectification of a deed of appointment refused by a judge in the Court of Session. Lord Turnbull ruled that the deed accurately expressed the inte

A man found guilty of stalking who claimed that the sheriff “misdirected” the jury by failing to advise them of the need for his conduct to have caused “actual fear or alarm” has failed in an appeal against conviction, after the Criminal Appeal Court ruled that the misdirection was not a “

A housing association pursuing a claim for damages against a sub-contractor has successfully applied to rectify a contract following a dispute about the identification of the company which granted it a warranty. A judge in the Court of Session granted decree of rectification after rejecting the defe

A Ugandan woman who came to the UK to join her husband after he was granted refugee status has successfully challenged a decision by the Home Secretary to refuse her application for “indefinite leave to remain” as a victim of domestic abuse. The woman, who lives in Glasgow, applied for ILR after

A High Court judge has issued a note following the conviction of a couple who were was charged with causing death by dangerous driving while both were sitting in the driver’s seat, after one of the two accused claimed he was not “driving” the vehicle at the material time. Nathaniel Cooper and

Next month will see the return of the Scots Law Conference/Exhibition Series to Glasgow with eight conferences over two days at the Hilton Hotel.

Ever popular in the 13 year history of the Scottish Legal Awards is the award for Rising Star of the Year with organisations taking the confident step of nominating their best emerging talent.