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The parents of a child who suffered brain damage during birth have failed in a challenge to a judge’s decision to refuse their claim for damages against a health board over hospital’s staff’s alleged negligence. The couple argued that the Lord Ordinary’s judgment did not constitute a “reas

Bills of suspension against incidental warrants such as those to take samples or to search remain subject to the “supervisory jurisdiction” of the High Court of Justiciary rather than the Sheriff Appeal Court, appeal judges have ruled. The Criminal Appeal Court held that such bills are still for

A motorist who was given eight penalty points on his driving licence after being convicted of “tailgating” another vehicle on a motorway has failed in an appeal against what he claimed was a “manifestly excessive” sentence. The Sheriff Appeal Court refused the appeal after ruling that the sh

A man found guilty of carrying an “offensive weapon” in public after witnesses saw him brandishing two knives and chasing youths in a street “as if he was going to stab someone” has failed in an appeal against conviction. The Criminal Appeal Court dismissed the appellant’s claim that the s

A man found guilty of being concerned in the supply of cocaine who lodged a special defence of incrimination which he later had to withdraw due to a lack of evidence to support it has failed in an appeal against conviction after claiming that prosecutors failed in their duty to disclose information

The man convicted of the “limbs in the loch” murder has had an appeal against a decision of the Scottish Information Commissioner concerning a freedom of information request he made to the former Strathclyde Police over its handling of the murder inquiry refused. William Beggs argued that the de

A man accused of assault and a statutory breach of the peace who was acquitted after a sheriff refused to grant a further adjournment in a part-heard trial will now have to face the charges after the Crown successfully challenged the decision. The Sheriff Appeal Court passed a Bill of Advocation tak

A garden centre cafe employee who was injured at work after falling in the kitchen has had an action for damages dismissed after failing to prove his claim that he slipped on an onion. A judge in the Court of Session absolved the defenders because he was “not persuaded on the balance of probabilit

A ferry operator that sued the Scottish Government after it unsuccessfully bid for a contract to provide services between the Northern Isles and mainland Scotland has failed in a £12 million damages action. A judge in the Court of Session dismissed the claim by Shetland Line (1984) Limited because

The Inner House of the Court of Session has published its reasons for refusing an appeal by a man found guilty of murder against a decision to refuse his freedom of information request for CCTV images which he claims “undermine his conviction”. Judges refused the appeal by David Gilroy, who was

A young person with autism who was granted decree against a local authority to pay for a further year of his education at a private school for pupils with special educational needs after he turned 18 has seen the decision overturned on appeal. Judges in the Inner House of the Court of Session ruled

A claim made by way of a plea is a “relevant claim” sufficient to interrupt the running of the five-year prescription period, appeal judges have ruled. The Inner House of the Court of Session held that a claim need not be made by a formal conclusion or counterclaim, in a case was about a dispute

The failure by the Lord Advocate to adopt and publish a policy identifying the facts and circumstances which he will take into account in deciding whether or not to authorise the prosecution in Scotland of a person who assists another to commit suicide does not breach human rights law, appeal judges

A minister who was found guilty of sexual assault charges has successfully appealed against his conviction after appeal judges ruled that the trial judge had “misdirected” the jury. The Criminal Appeal Court quashed the convictions against Walter Masocha after ruling that the sheriff failed to d

A group of fruit and vegetable growers from Angus are entitled to reparation for the “loss and damage” incurred as a result of the withdrawal of recognition of their producer association for an EU financial aid scheme, a Court of Session judge has ruled. Lord Tyre held that producer organisation