Case archive

Inmate fails in human rights challenge to prison officer’s confiscation of card ‘containing drugs’

A long-term prisoner whose personal mail was confiscated after a sniffer dog detected drugs has had a legal action against the prison authorities dismissed.

Court of Session Outer House 13 December 2019

World Heritage Site hotel wins appeal against decision to refuse bid for charitable status

A hotel which donates a proportion of its revenue to a trust that manages a Scottish World Heritage Site has successfully challenged a decision to reject its application for charitable status.

Upper Tribunal for Scotland 11 December 2019

Motorist found to have caused death by dangerous driving after examination of facts fails in appeal against decision

A motorist found to have caused death by dangerous after being deemed “unfit to stand trial” because he suffers from dementia has had an appeal against the finding that he committed the offence dismissed.

Appeal Court of the High Court of Justiciary 12 December 2019

Glasgow City Council action to recover damages from bin lorry crash driver’s former employer dismissed 

A legal action by Glasgow City Council against bus operator First Glasgow to recover £860,000 in damages plus more than £40,000 in expenses paid to the family of one of the victims of the tragic bin lorry crash five years ago has been dismissed.

Court of Session Outer House 11 December 2019

Woman found guilty of culpable homicide loses appeal against 10-year prison sentence

A young woman found guilty of culpable homicide after she “instigated” an attack which led to the murder of her ex-boyfriend has had an appeal against her sentence rejected.

Appeal Court of the High Court of Justiciary 9 December 2019

Order for Lifelong Restriction for beggar convicted of rape upheld by Criminal Appeal Court

A beggar who was sentenced to an Order for Lifelong Restriction after being convicted of rape has had an appeal against his life sentence refused.

Appeal Court of the High Court of Justiciary 6 December 2019

Court of Session allows appeal against refusal of FOI request after ruling election contract information ‘clearly held’ by council

A doctor who sought information under freedom of information legislation from a Scottish council relating to the conduct of local elections has successfully appealed against the decision to refuse his request.

Court of Session Inner House 5 December 2019

Courts can devise remedy to protect good faith purchaser in gratuitous alienations

Courts can, in appropriate cases, devise a remedy to protect the good faith purchaser in a gratuitous alienation, the Supreme Court has concluded in a case that turned on the meaning of “adequate consideration” in the Insolvency Act 1986 and which has been remitted to the Inner House of the Court of Session.

UK Supreme Court 4 December 2019

Scots lawyer wins appeal to have ‘time-barred’ services complaint quashed, but conduct complaint referral upheld

A Scots lawyer has partially succeeded in an appeal against a decision by the Scottish Legal Complaints Commission (SLCC) to refer two “time-barred” complaints against him to the Law Society of Scotland for investigation.

Court of Session Inner House 4 December 2019

Rapist fails in appeal against conviction for breaching ‘unlawful’ sexual offences prevention order

A man found guilty of rape and child sex offences who claimed that a Sexual Offences Prevention Order (SOPO) made in advance of his release from prison was null and void because it failed to specify a period for which it would apply has had an appeal against his conviction for breaching the order dismissed.

Appeal Court of the High Court of Justiciary 3 December 2019

Judge rejects life prisoner’s £5,000 human rights claim for correspondence ‘unlawfully’ opened by prison officers 

A man serving a life sentence for murder who claimed that his human rights were breached after his “confidential” letters were opened by prison officers has had a £5,000 damages action dismissed.

Court of Session Outer House 2 December 2019

Lib Dem leader granted interim interdict over SNP ‘defamatory’ election leaflet

The leader of the Liberal Democrats has been granted interim interdict to prohibit a Scottish National Party rival from distributing an election leaflet which claimed she had “accepted a £14K donation from a fracking company”.

Court of Session Outer House 29 November 2019

Ex-Celtic Boys Club coach convicted of sex offences wins appeal over Crown’s failure to disclose complainer’s conviction for dishonesty

A former coach of Celtic Boys Club who was jailed after being found guilty of a series of historical child sex offences has had his conviction on one of the charges quashed after prosecutors failed to disclose evidence of the complainer’s criminal record.

Appeal Court of the High Court of Justiciary 28 November 2019

Damages action over ‘defective’ metal-on-metal hip replacement product dismissed

A former forestry worker who sued two companies which manufactured the components used in his hip replacements 10 years ago has had his action for damages dismissed.

Court of Session Outer House 27 November 2019

Sheriff Appeal Court issues guideline judgment in refusing motorist’s appeal against ‘excessive’ fine 

A motorist who was fined £500 after being convicted of driving without a valid licence and without insurance has failed in an appeal to have the financial penalty reduced.

Sheriff Appeal Court 26 November 2019