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Scottish secondary legislation restricting student loans to under 55s breaches the right against age discrimination and is therefore “ultra vires”, a judge in the Court of Session has ruled. Lady Scott upheld a claim by a 56-year-old woman that the relevant regulations amounted to “unlawful di

Prosecutors have successfully challenged a decision by a justice of the peace to refuse a motion to adjourn an assault trial and for a warrant to arrest a corroborating witness who had moved to London and was avoiding service. The Sheriff Appeal Court ruled that the justice of the peace “misdirect

A motorcyclist who had his leg amputated following a late night road traffic accident in which he crashed into a milk tanker that was lit up “better than a Christmas tree” was more to blame than the driver of the other vehicle, appeal judges have ruled. The pursuer Adam Wagner was awarded more t

An environmental charity which is challenging plans for a wind farm development in Invernesshire has had an application for a protective expenses order refused following an appeal. By a majority of two-to-one, judges in the Inner House of the Court of Session refused the appeal for a PEO after rulin

A man found guilty of a charge which libelled that he broke into a residential property and stole jewellery has failed in an appeal against conviction after claiming there was “insufficient evidence” to corroborate the theft. The Criminal Appeal Court rejected the appellant’s claim that the st

A gambler who lost more than £90,000 after placing an online bet on a Scottish football match has failed in a legal challenge over the bookmaker’s decision to refuse to pay out. A judge in the Court of Session refused permission for the application for judicial review to proceed after ruling that

A Scottish law firm which sued a former corporate client for payment of over £100,000 in unpaid legal fees has won its action after the company lost an appeal. The Inner House of the Court of Session upheld a judge’s decision that the firm was entitled to payment of their fees and that a counterc

A retired lawyer has won a dispute with his former partners in a solicitors’ firm over his entitlement to a share of the partnership assets. A judge has ruled that the partnership agreement made no provision for division of the firm’s assets on the retirement of a partner due to age, and therefo

A decision by the Sheriff Appeal Court to remit a case of a man convicted of a road traffic offence to the sentencing sheriff to alter the disposal and impose a competent sentence was not within its powers, appeal judges have ruled. The High Court of Justiciary Appeal Court held that the Sheriff App

A man detained in the state hospital after killing his wife, who subsequently raised an action for reparation against a health board over a doctor’s alleged failure to admit him to a psychiatric unit the day before he stabbed his spouse to death, has failed in a bid to recover documents he claimed

A convicted rapist subject to an order for lifelong restriction who claimed that the prison service breached his human rights by failing to provide him with an opportunity to rehabilitate himself has had a petition for judicial review dismissed. David Beattie, who was made the subject of the OLR in

Prosecutors have failed in an appeal against a judge’s decision to order the disclosure of recordings of interviews of two complainers in a sex abuse case after appeal judges ruled that such label productions are subject to the control of the court, not the Crown. The Criminal Appeal Court held it

A foster carer who was deregistered by a Scottish local authority after an unfounded allegation was made against her husband by a child in their care has had a legal challenge against the council’s decision dismissed. The woman claimed that she had been “punished” when she had “done no wrong

A man found guilty of a statutory breach of the peace who claimed there was “insufficient proof” that he committed the offence has had an appeal against conviction refused. The Criminal Appeal Court refused the appeal after ruling that where there is a single positive identification “very litt

A man who alleged that he was sexually abused as a child in a Catholic boarding school more than 50 years ago will not be allowed to pursue his claim. A judge in the Court of Session ruled that the pursuer’s case failed on the basis that any obligation of the defenders to make reparation for any w