A Turkish national who was refused leave to remain in the UK despite claiming that he had established a family and private life has had a petition for judicial review of the decision dismissed by a judge in the Court of Session. Petitioner Halit Genc, 24, challenged the decision taken by the Upper T
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An appeal by two landlords against a decision requiring them to pay a tenant thrice the deposit for a lease which they failed to timeously repay has been refused by judges in the Court of Session. An Extra Division of the Inner House comprising Lord Drummond Young, Lord Malcolm and Sheriff Principal
The passengers of a car who suffered whiplash injuries following a road traffic accident have had the damages awarded in their favour reduced after the driver of the other vehicle’s insurers successfully challenged the medical evidence given in support of their claims. The Sheriff Appeal Court
A Chinese national whose claim that he was a victim of human trafficking was rejected has had a legal challenge against that decision dismissed. Dunshou He claimed that he became a victim of modern slavery after fleeing his home country and arriving in the UK via Ireland, but the Secretary
A couple who are suing the former owners of their home for damages over an alleged misrepresentation that they had no experience of flooding at the property have been granted a full hearing after the sellers’ appeal was refused. The Sheriff Appeal Court upheld a decision of the sheriff that cl
A Scottish health board which is being sued by a patient for £1.5 million has had an application to remit the clinical negligence claim against it to the Court of Session dismissed. A sheriff in the All-Scotland Personal Injury Court ruled that while the case was “imp
A Turkish national who was seeking leave to remain in the UK as the spouse of his Scottish wife has successfully appealed against the decision to refuse his application. The Inner House of the Court of Session ruled that the First-tier Tribunal failed to make findings in fact about the app
A homeless man who was evicted for rent arrears has successfully argued that a decision to the effect that he was “intentionally homeless” was “unlawful” - but his legal challenge was dismissed because he raised the action against the wrong party. A judge in the Court of
Tommy Sheridan has had a legal challenge against a decision by the Scottish Criminal Cases Review Commission (SCCRC) to refuse to refer his conviction for perjury to the High Court of Justiciary dismissed. A judge in the Court of Session said she was unable to identify any basis on which it could be
A man who was found guilty of sexually abusing his step-daughter and her cousin over a number of years starting when they were only eight years old has been ordered to pay them damages totalling £200,000. A judge in the Court of Session ruled that both pursuers, who also claimed that they were
A petition seeking judicial review of the Scottish Government’s purported ban on “fracking” has been refused, after a judge ruled that there was in fact “no prohibition” against the controversial process of oil and gas extraction in Scotland – despite ministerial
A woman who was raped in the 1960s but did not report the incident to police until nearly 50 years later has successfully challenged a tribunal’s decision to refuse her claim for criminal injuries compensation. A judge in the Court of Session ruled that the tribunal reached a “
Tenant farmers who challenged a judge’s decision over the calculation of compensation payable to them following an amendment to agricultural holdings legislation have had their appeal dismissed. Six limited partnerships raised judicial review proceedings alleging that they had suffered loss as
A motorist found guilty of using a mobile phone while driving who claimed that the justice of the peace’s conduct of the proceedings breached his right to a fair trial has had his appeal against conviction dismissed. The complainer alleged that the justice demonstrated “bias” by br
