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A gymnastics coach has been made the subject of an interim “risk of sexual harm order” after the police successfully challenged a sheriff’s decision to refuse to make the order. The sheriff held that it would not be “just” to impose the interim RSHO because the respondent had been suspende

An application for leave to appeal against a decision of the Scottish Legal Complaints Commission to refuse a complaint as “totally without merit” has been refused. A judge in the Court of Session dismissed the application on the ground that it was lodged after the statutory time limit of 28 day

A man accused of drug dealing in Spain who challenged a sheriff’s decision to order his extradition has had his appeal refused. The Criminal Appeal Court refused the appeal after ruling the appropriate court to hear any human rights argument based on “injustice or oppression” would be the Span

An unemployed motorist who was fined a total of £460 to be paid over 92 weeks after admitting driving without a licence and without insurance has successfully challenged the penalties imposed. The Sheriff Appeal Court ruled that fines were “excessive” and amounted to a “miscarriage of justice

The Crown has successfully challenged the sentence imposed on a man who pled guilty to attempting to conspire to rape and sexually assault a young girl and to take indecent photographs of her. The Criminal Appeal Court ruled that the sentence of 18 months’ imprisonment imposed was “unduly lenien

A woman who was found guilty of dangerous driving after falling asleep at the wheel and crashing into an oncoming vehicle has lost an appeal against conviction. Judges in the Criminal Appeal Court ruled that in the absence of special circumstances the act of falling asleep is a “voluntary act” a

A prisoner serving a determinate sentence who claims that the Scottish Prison Service have failed to provide him with the opportunity to show that he no longer poses a risk to the public has had an application for permission to seek judicial review dismissed. A judge in the Court of Session refused

A Scots lawyer who was awarded £150,000 after suing a former client, but later saw the decision overturned after a judge ruled that the initial writ was not validly served because the solicitor had been suspended from practising, has failed in an appeal. Judges in the Inner House of the Court of Se

The family of a boy who died in a tragic accident while attending the Royal Highland Show have had a motion for summary against the operators of the event refused. A judge in the Court of Session ruled that the pursuers failed to meet the “high test” required of them for their motion to succeed.

A motion to remit a £25,000 damages action to the new national personal injury court has been refused by a judge in the Court of Session. Lord Boyd of Duncansby held that the fact that a claim was “small and straightforward” was not in itself enough to justify remit to the sheriff court.

The head of the judiciary in England and Wales has said massive fees charged by lawyers and the relentless slashing of the legal aid budget have forced scores of people to abandon the justice system. The Lord Chief Justice, Lord Thomas of Cwmgiedd said in his annual report this has resulted in incre

The Sheriff Criminal Appeal Court has issued its first judgment, refusing an appeal against sentence by a man who was convicted of assault and a statutory breach of the peace charge. The appellant argued that the sentence of six months imposed on each of the two charges was “excessive” and that

A firm of solicitors which challenged a claim by the trustees of a fund set up to provide pensions for employees of legal practices and their dependants has failed in an appeal against a judge’s decision to grant decree against the firm to pay its share of a deficit on the fund. Pattison & Sim

A child counsellor with convictions for offences of dishonesty whose application to be the kinship carer for her teenage niece and nephew was refused following a disclosure check has successfully appealed against a decision to include her name on the children’s list. A sheriff allowed the appeal a

A worker at a scaffolding firm who was injured when a manager threw a claw hammer which accidentally struck him on the head has had a claim for damages dismissed after a court ruled that his employers were not “vicariously liable”. A sheriff principal upheld a sheriff’s decision that the emplo