Case archive

£10,000 damages claim over ‘unlawful’ refusal to release prisoner on home detention curfew dismissed

A short-term prisoner who claimed that a decision not to release him on a home detention curfew licence breached his human rights has had an action for £10,000 damages dismissed.

Sheriff Court — 20 June 2019

Crown wins rape case appeal against ‘no case to answer’ ruling on complainer’s ‘consent’

The Crown has successfully appealed against a trial judge’s decision to sustain a “no case to answer” submission by a man accused of the abduction, assault and rape of his partner, who had given evidence that she “consented” to sex “but just to calm him down”. The trial judge had held that the complainer’s testimony did not amount to rape because she

Appeal Court of the High Court of Justiciary — 19 June 2019

Removal of screen to enable dock identification of domestic abuser ‘should not have occurred’

Appeal judges have criticised a sheriff’s decision to allow the removal of a screen behind which a domestic abuse victim had given evidence against her former partner in order for a dock identification to take place.

Appeal Court of the High Court of Justiciary — 18 June 2019

Computer expert loses appeal against conviction for possession of indecent images of children

A computer repair expert found guilty of being in possession of indecent images of children who claimed that he did not have knowledge of the photographs has had an appeal against his conviction dismissed.

Appeal Court of the High Court of Justiciary — 17 June 2019

Landlord to be convicted of ‘racially aggravated harassment’ following Crown appeal

Prosecutors have successfully appealed against a sheriff’s decision to acquit a landlord accused of racially aggravated harassment after he called a tenant a “f*cking black bastard”.

Sheriff Appeal Court — 14 June 2019

Crown wins appeal against ‘no case to answer’ ruling in alleged rape case

Prosecutors have successfully challenged a judge’s decision to uphold a “no case to answer” submission made during a rape trial.

Appeal Court of the High Court of Justiciary — 13 June 2019

Nurse who was struck off fails in bid to challenge decision after appeal was lodged late

A mental health nurse who was struck-off has had an application to appeal against the decision rejected because it was lodged six days after the expiry of the statutory time limit.

Court of Session Inner House — 12 June 2019

Newspapers fail in appeal against libel actions as serious harm test is satisfied

News publishers who appealed over articles defamatory of a man in respect of his behaviour towards his former wife have had their appeal dismissed by justices in the Supreme Court on the basis the “serious harm” test was satisfied.

UK Supreme Court — 12 June 2019

Rapist who claimed judge ‘misdirected’ the jury on consent loses appeal against conviction

A man found guilty of two charges of rape who claimed that the trial judge “distracted” the jury by giving an “inappropriate and unnecessary” direction on the issue of reasonable belief of consent has had an appeal against his convicted rejected.

Appeal Court of the High Court of Justiciary — 11 June 2019

Scots lawyer wins appeal to have complaints dismissed as ‘totally without merit’ and ‘vexatious’

A solicitor who claimed that a series of complaints made against her should have been rejected as “totally without merit” or “vexatious” has successfully appealed against decisions by the Scottish Legal Complaints Commission to remit the claims to the Law Society of Scotland for investigation.

Court of Session Inner House — 10 June 2019

British citizen wins appeal against extradition to Taiwan

A British citizen wanted by authorities in Taiwan to serve a prison sentence after he was found guilty of negligent manslaughter following a drink-driving accident has successfully appealed against an order for his extradition.

Appeal Court of the High Court of Justiciary — 7 June 2019

Armed robber who claimed ‘miscarriage of justice’ over alleged misdirection loses appeal against conviction

A man found guilty of an armed robbery committed while wearing a Mexican wrestling mask who claimed he suffered a “miscarriage of justice” as a result of the advocate depute’s speech to the jury on the forensic evidence has had his appeal against conviction rejected.

Appeal Court of the High Court of Justiciary — 6 June 2019