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A man found guilty of assaulting and robbing a homeless person who claimed that the sheriff erred in repelling a “no case to answer” submission and that the sheriff “misdirected” the jury has failed in an appeal against conviction. The Criminal Appeal Court refused the appeal after ruling th

A “good arguable case” for the purposes of proceeds of crime proceedings in which an enforcement authority is seeking the civil recovery of property obtained through “unlawful conduct” is not necessarily one which has a “good prospect of succeeding”, appeal judges have ruled. The Inner H

The niece of a woman who signed a deed disponing of her family home to other members of the family has been granted decree of reduction on the grounds that her aunt was “incapax” at the relevant date. A judge in the Court of Session ruled that the deceased “did not have the necessary capacity�

A company which bought a whisky distillers and sought to intimate a £500,000 claim against the sellers has had its damages action rejected after it failed to serve a valid notice. A judge in the Court of Session ruled that while the pursuers had given proper notice to the defenders that a claim exi

A bank which granted a loan to company for the purchase of four commercial units but due to a solicitor’s “negligent misstatement” discharged the entire security when it ought to have been left in place in relation to two of the units is entitled to damages, appeal judges have ruled. By a majo

A Crown application to prosecute anew a man acquitted of murder nearly 25 years ago has been refused. The application was based on alleged admissions which were made or became known after the date of acquittal, but the Criminal Appeal Court refused the application, made under section 3 of the Double

A lorry driver found guilty of dangerous driving and behaving in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm, who claimed that a sheriff erred in repelling a “no case to answer” submission, had an appeal against conviction refused. The Cr

An executor of an estate has been granted reduction of a disposition in favour of a couple who claimed they regarded a residential property in which they had been living as their home. A judge in the Court of Session ruled that allowing the couple to take and remain in occupation of the property was

The son of a woman who signed deeds disposing of three properties to her other two sons has been granted decrees of reduction on the grounds of “facility and circumvention” and by “undue influence” exercised over his late mother by his brothers. A judge in the Court of Session ruled that the

A Scots law firm whose complaint to the legal complaints watchdog about the conduct of a solicitor from another firm was ruled ineligible has successfully appealed against the decision. The firm complained to the Scottish Legal Complaints Commission that the lawyer may have been guilty of profession

A life prisoner who challenged a decision by the prison service to increase his supervision requirement after he was suspected of being involved in the distribution of illicit substances in jail has had a petition for judicial review dismissed. A judge in the Court of Session refused the petition af

A retired academic who contracted a rare form of cancer which he claimed was the result of exposure to asbestos during the course of his employment at a university has had an action for £180,000 damages dismissed. A judge in the Court of Session assoilzied the defenders after ruling that the pursue

The owner of a farmhouse destroyed by a fire who claimed that the fire service failed to properly extinguish the blaze has had an action for damages dismissed. The pursuers argued that the fire brigade was liable in damages because the fire re-ignited after it had apparently been extinguished, but j

A mother of an unborn baby and a gay friend who hatched a “callous and selfish scheme” whereby she lied to the father of the child by telling him that she had terminated the pregnancy when in fact she gave birth to the baby so that her friend could obtain parental rights and responsibili

A Scots lawyer who was found to have acted in a “reckless and cavalier manner” by accepting an offer to settle a “slopping out” claim on behalf of a prisoner client for whom he was no longer instructed to act has failed in a challenge to a tribunal’s finding that he was guilty of “profes