A racehorse trainer who was severely injured when a horse fell and landed on him during an exercise session has had an action for damages refused. John McShane would have been awarded more than £270,000 in solatium, loss of earnings, including winnings, and future care and services had the defender
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A father whose attempt to secure parental rights and responsibilities together with contact with his child was refused by a sheriff has failed in appeal despite claiming that the 10 months which passed between the case being taken to avizandum and the judgement being issued meant that the decision w
Two Celtic supporters who claimed their human rights had been breached after they were convicted under legislation designed to tackle football-related sectarianism for singing a pro-IRA and INLA song during a match have lost their appeal. The Criminal Appeal Court was asked to consider whether the a
A man who drove a seriously intoxicated woman to A&E where he told a nurse that he had also been drinking and taking drugs and admitted to police officers that he had driven to the hospital has lost an appeal against his conviction for drink-driving. It was argued on behalf of the appellant that
A woman who was fined £1,000 after being found guilty of a “racially aggravated offence” has had her sentence quashed after appeal judges said they had “difficulty” in comprehending why she was prosecuted in the first place. The Criminal Appeal Court admonished the appellant after observing
A single mother-of-five has successfully challenged a council’s decision that it had discharged its duty to house her homeless family by offering accommodation in another local authority area more than 50 miles away. The UK Supreme Court ruled that the council had acted unlawfully and quashed the
A Polish woman faced with imprisonment in her homeland who claimed that a “serious medical condition” meant it would be “unjust or oppressive” to extradite her from Scotland has failed in appeal against a sheriff’s extradition order. The Criminal Appeal Court was “unable to fault the rea
The regulatory body for social workers in Scotland has successfully challenged a sheriff’s ruling that proceedings before its conduct sub-committee “engaged” article 6 of the European Convention on Human Rights. Sheriff Principal Alastair Dunlop QC (pictured) allowed the Scottish Social Servic
An environmental group which challenged a Scottish local authority’s decision to grant planning permission for a new secondary school to be built in the Fife countryside has had a petition for judicial review dismissed. A judge in the Court of Session ruled that the council’s decision was “law
A pedicab driver who successfully challenged a Scottish local authority’s refusal to grant him a rickshaw licence has seen the decision overturned after the council successfully appealed to the Inner House of the Court of Session. The council licensing committee’s decision to refuse the applicat
A Scots lawyer who failed to undertake any work to conclude the administration of an estate has had his practising certificate restricted for a period of four years after being found guilty of “professional misconduct”. The Scottish Solicitors’ Discipline Tribunal also awarded £500 compensati
A man who was found guilty of attempting to smuggle drugs into a prison on the basis of DNA evidence which prosecutors claimed to show that the accused had licked the seal to an envelope containing the illegal substance has had his conviction quashed on appeal. Judges in the Criminal Appeal Court ru
A Scottish local authority has been granted permanence orders in relation to three sibling children whose mother had a history of alcohol abuse, after a judge in the Court of Session ruled that it would be “better” for each of the three boys that an order be made than not. Lord Brailsford (pictu
An English Premier League football club has been held “vicariously liable” after one of its youth team players suffered a cardiac arrest in his first match and was left brain damaged. Radwan Hamed, who was 17 when he collapsed during a youth team game in Belgium in August 2006, raised an action
A seriously injured girl whose contributory negligence in a car accident was assessed at 70 per cent in a decision of an Extra Division of the Inner House of the Court of Session and whose share of damages was calculated accordingly has won an appeal against the assessment by a majority of 3-2 in th
