A Scots lawyer has successfully challenged a decision of the Council of the Law Society of Scotland to uphold a complaint of “unsatisfactory conduct” made against him. Alan Strain was ordered to pay a fine of £1,000 after he was found to have made a “misrepresentation” to a client in prepar
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Budget airline Ryanair has been told it cannot impose a two-year time limit on passengers' claims for compensation for long and unnecessary delays. Judge Platts at Manchester County Court ruled that the time limit could not be applied, referring to a Supreme Court ruling last year which said all air
A man accused of fraud has successfully challenged a sheriff’s decision to order his extradition to Poland after the Criminal Appeal Court ruled that the offence he was accused of was “minor”. The judges allowed the appeal after ruling that it would be “disproportionate” to extradite him,
The right to cross-examination of an alleged sexual assault victim “does not extend to insulting or intimidating a witness” and trial judges should intervene where questioning “strays beyond proper bounds”, the Lord Justice Clerk has said. Lord Carloway added that defence lawyers should show
The Criminal Appeal Court has published its opinion following the refusal of an application by relatives of Lockerbie bombing victims who were seeking to pursue an appeal on behalf of the man convicted of the atrocity in which 270 people were killed. An application to the Scottish Criminal Cases Rev
A Scottish solicitor who entered into a sexual relationship with a “vulnerable” client has been found guilty of professional misconduct. The unnamed lawyer was fined £5,000 by the Scottish Solicitors Discipline Tribunal (SSDT) for “acting in a manner that raised issues as to his trustworthine
A “prominent” professional sportsman has been granted an injunction preventing a newspaper publishing a “kiss and tell” story about a sexual relationship he had with another woman before he was married. A judge at the High Court in London granted the application by the un-named married coupl
Former boxer Scott Harrison is to be extradited to Spain to serve a prison sentence for two assault convictions after a sheriff granted a warrant sought by the Lord Advocate. The former WBO Featherweight Champion was sentenced to four years imprisonment by a court in Malaga in 2012 and a European Ar
A man who claimed that his late grandmother had promised to gift him her house in a testamentary writing has had an action for conveyance of the property against the executor of the estate dismissed. A judge in the Court of Session ruled that the pursuer “failed to prove that the deceased entered
A man convicted of culpable homicide who claimed he had not been given access to certain rehabilitative courses while in prison has had an action for damages refused by appeal judges. Billy Brown, who killed Steven Lennon by stabbing him in the heart during a street fight in July 2005, argued that h
A father-of-three who was convicted of a statutory breach of the peace after threatening his estranged wife has successfully challenged a sheriff’s decision to impose a non-harassment order in relation to his children. The Criminal Appeal Court quashed the order after ruling that the sheriff “di
A man accused of sexually abusing his niece and nephew has been acquitted after a judge upheld a “no case to answer” submission. Lord Uist ruled that the “Moorov” doctrine could not be applied to corroborate the conduct libelled in the two charges.
A solicitor has successfully sued his former firm for his share of “net profits” after a sheriff principal refused an appeal by his ex-partners following a dispute over the terms of the partnership agreement. John Tait raised an action of accounting and payment against RGM Solicitors, but the fi
The UK Supreme Court has refused an application by a budget airline to challenge a Court of Appeal ruling in a case relating to a dispute over its minority stake in a another carrier. The Competition and Markets Authority – previously the Competition Commission (CC) – had directed Ryanair to red
A part-time firefighter who was found guilty of wilful fire-raising but claimed that a “miscarriage of justice” had occurred has failed in an appeal against conviction. David Mackay argued that the sheriff “erred” in leaving it to a juror who knew one of the witnesses to hear the evidence an
