Case archive
Sheriff issues reasons for rejecting human rights challenge to re-routing of Loyalist marches
A sheriff has published his reasons for refusing an appeal by Loyalist groups against a Scottish local authority’s decision to change the routes of its marches to avoid Catholic churches.
Sheriff Court 18 October 2019
Tenant’s private residential tenancy appeal dismissed
A tenant in a house of multiple occupancy who claimed she and her landlords were subject to a private residential tenancy (PRT) has had her appeal dismissed.
Upper Tribunal for Scotland 17 October 2019
District judge deemed 'worker' for purposes of whistleblower legislation
A district judge who raised concerns about budget cuts qualifies as a worker for the purposes of legislation protecting whistleblowers, justices in the Supreme Court have ruled.
UK Supreme Court 17 October 2019
Assault victim denied criminal injuries compensation following judicial review by Advocate General
A man who suffered a fractured nose after being assaulted will not be awarded compensation from the Criminal Injuries Compensation Authority (CICA) following a legal challenge by the UK Government.
Court of Session Outer House 16 October 2019
Housing association granted full hearing in £3m damages action against contractors
A housing association which sued contractors, engineers and architects over “serious defects” in the redevelopment of a former hospital has been granted a full hearing in its £3 million damages action.
Court of Session Outer House 15 October 2019
Threatening behaviour libel gave adequate notice of significant sexual offence, appeal judges rule
A man found guilty of behaving in a “threatening” manner towards two teenage girls has had an appeal against a sheriff’s decision to place him on the sex offenders register dismissed.
Appeal Court of the High Court of Justiciary 14 October 2019
Father fails in appeal against mother’s removal of children from Italy to Scotland
A father-of-two who claimed that his estranged wife had “wrongfully removed” their two children from Italy when she fled with them to Scotland following the breakdown of their “volatile” marriage has had an appeal to have them returned refused.
Court of Session Inner House 11 October 2019
Inner House puts decision in nobile officium case for Brexit extension letter on hold
An appeal court ruling in a legal action seeking a court order to force the Prime Minister to write a letter requesting a Brexit extension in the event that no deal has been agreed between the UK and the EU has been put on hold.
Court of Session Inner House 10 October 2019
Uncle found guilty of sexually assaulting nephew and niece fails in appeal against conviction
A man found guilty of sexually assaulting his niece and nephew but who claimed that the doctrine of “mutual corroboration” could not apply to the two offences has had an appeal against his conviction dismissed.
Sheriff Appeal Court 9 October 2019
Court order forcing Prime Minister to seek Brexit extension unnecessary, judge rules
A legal action seeking a court order to force the Prime Minister to write a letter requesting a Brexit extension in the event that no deal has been agreed between the UK and the EU has been dismissed after a judge ruled that it was not required.
Court of Session Outer House 8 October 2019
Motorist who failed to appear for ‘special reasons’ proof loses appeal against penalty points imposed
A motorist who was fined and given six penalty points after being convicted of driving without insurance and who claimed there were “special reasons” for her licence not being endorsed has had her appeal dismissed.
Sheriff Appeal Court 7 October 2019
Landlord wins legal action for removal of tenant Amazon from commercial property
A commercial property landlord has been granted a court order requiring a tenant to leave the premises after a judge ruled that the notice to terminate the lease, which gave a period of just under six months, was valid under common law.
Court of Session Outer House 4 October 2019
Disabled man jailed for child ‘grooming’ offences wins appeal against ‘inappropriate and excessive’ custodial sentence
A severely disabled man who was sentenced to one year and eight months’ imprisonment after being convicted of sexual offences against children has successfully appealed against a sheriff’s decision to impose a custodial sentence.
Appeal Court of the High Court of Justiciary 3 October 2019
Domestic abuser fails in appeal against four-year custodial sentence but has extension period quashed
A man who was jailed for four years after being found guilty of domestic abuse offences has had an appeal against the custodial term imposed rejected.
Appeal Court of the High Court of Justiciary 2 October 2019
Man accused of ‘threatening and abusive behaviour’ towards ex-wife wins appeal to have case dismissed
A man accused of behaving in a “threatening and abusive manner” by shouting and swearing at his ex-wife has successfully challenged an attempt to prosecute him after a sheriff had previously deserted an identical complaint against the accused pro loco et tempore.
Sheriff Appeal Court 1 October 2019