A father who left his baby daughter brain-damaged after shaking her and throwing her down on to a couch in a “deliberate and violent assault” has had his seven-and-a-half year prison sentence reduced following an appeal. The Criminal Appeal Court quashed the sentence and imposed a custodial term
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A motorist who was sued by the mother of a man he killed in a road traffic accident has been partially successful after appealing against the level of damages awarded to the woman. Martha Young, who witnessed the immediate aftermath of the fatal crash in which she later learned her son David had die
An “overstayer” who claimed that his removal from the UK to India would breach his human rights because he was engaged to a British woman has had a petition for judicial review dismissed. A judge in the Court of Session refused a challenge to a ruling that even if the petitioner was in such a re
A father-of-two who was jailed after being found guilty of abducting one of his sons has had an application for judicial review of decisions made by a Scottish local authority in respect of the children’s care refused. The basis of the petition was an allegation that the respondents had failed to
The owner of a hotel which was struck off the Companies Register and dissolved has failed in an appeal against a decision that its tenancy agreement with its landlord ended on its dissolution. Alan Love, the owner of Prestwick Hotels Limited (PHL), claimed that the lease with the landlords “contin
An investment manager who lost his right to share in future profits of funds he and other colleagues invested in after he left his company for a “competitor” has won a legal dispute after judges dismissed an appeal by his former employers. Richard Bishop was described as a “competing leaver”
The Criminal Appeal Court has “very strongly” suggested that consideration should be given to changing the rules on the instruction of solicitor advocates, in disposing of an appeal claiming “defective representation”. In refusing an appeal against conviction by Ahmad Yazdanparast, who was f
A disabled man who is seeking to end his own life but is “apprehensive” that anyone who assisted him to commit suicide would risk criminal prosecution has failed in a legal bid to force Scotland’s prosecution service to publish guidance on its policy. Gordon Ross, 66, who suffers from Parkinso
A mortgage lender is entitled to serve calling-up notices to secure repossession and sale of a property where the creditor has considered possible alternative payment arrangements and it is clear that there is no prospect of the debtor being able to fulfil their financial obligations under the stand
A man detained in the State Hospital for more than 17 years who complained that the lack of any means by which he can be transferred to prison breaches his human rights has had his legal challenge refused. John Johnstone sought judicial review of the failures by the Scottish Ministers to provide suf
A police officer who was jailed after being found guilty of lying to protect a colleague for allegedly drink-driving has successfully appealed against his conviction. Police constable David Carmichael was sentenced to seven months imprisonment after being found guilty of “wilful neglect of duty”
A Scots lawyer who failed in his duties under the CML Handbook and at common law to provide material information to lenders in conveyancing transactions has been found guilty of “professional misconduct”. The Scottish Solicitors Discipline Tribunal(SSDT) censured David Clark and restricted his p
A disabled woman who challenged a health board’s decision to cease providing homeopathic treatment has had a petition for judicial review dismissed.
A man who was given a community payback order with restrictions on his internet use after being convicted of an attempt at “communicating indecently with an older child” has failed in an appeal against sentence. The appellant argued that the sheriff’s intention to restrict his “misuse” of
A trade union which challenged the introduction of fees for claimants to pursue employment tribunals has had an appeal for judicial review of the policy refused. Unison argued that the decline in the number of cases being brought to tribunal was due to claimants now having to pay anything up to £1,
