Case archive
Montreal Convention: Settlement of action leaves law uncertain on recoverability of damages for psychiatric injury
A woman who sued an airline after claiming to have suffered both physical and psychiatric injuries following a crash which occurred while she was travelling on a bus from an aircraft to an airport terminal building has settled her case out of court.
Sheriff Court — 22 February 2019
Syrian asylum-seeker wins appeal for re-hearing of human rights claim against removal to Bulgaria
A Syrian asylum-seeker whose challenge to removal to Bulgaria on human rights grounds was dismissed as “clearly unfounded” has successfully appealed against the decision.
Court of Session Inner House — 21 February 2019
Searchers owe duty of care to inhibiting creditor, appeal court rules
Professional searcher firms owe a duty of care to creditors who have registered an inhibition, the continuing effectiveness of which depends on it being disclosed by the search carried out, the Sheriff Appeal Court has ruled.
Sheriff Appeal Court — 20 February 2019
Man convicted of murder following re-trial fails in appeal against ‘excessive’ punishment part
A man found guilty of murder for a second time following a re-trial had had an appeal against his sentence dismissed.
Criminal Appeal Court — 19 February 2019
Traveller who held man in servitude fails in appeal against conviction
A man who was convicted along with another of holding a vulnerable 20-year-old man in servitude has failed in an appeal against conviction at the High Court of Justiciary Appeal Court.
Criminal Appeal Court — 13 February 2019
Drug-abusing mother fails in appeal against decision to grant council adoption order
A mother-of-five who failed to participate in legal proceedings in which her local authority applied to adopt her youngest child has had an appeal against a sheriff’s decision to grant the council’s petitioner dismissed.
Sheriff Appeal Court — 5 February 2019
Crown wins ‘mutual corroboration’ appeal to restore conviction of man caught repeatedly masturbating in view of neighbour
A man found guilty of repeatedly exposing himself and masturbating in view of his next door neighbour, who had partially succeeded in an appeal due to a lack of corroboration, has had his original conviction restored after the Crown appealed against appeal court’s decision.
High Court of Justiciary — 8 February 2019
Woman sues former partner for alleged rape and domestic abuse in landmark case
A woman who claims she was raped by a former partner and that she was the victim of domestic abuse is suing her ex-boyfriend for damages in a landmark legal case.
Sheriff Court — 7 February 2019
Appeal Court upholds judge’s decision to allow ‘time-barred’ damages claim over Glasgow bin lorry crash to proceed
An appeal by Glasgow City Council against a judge’s ruling that a damages action by relatives of some of the victims of the Glasgow bin lorry crash can proceed despite their claims being “time-barred” has been dismissed.
Court of Session Inner House — 6 February 2019
Child abuse victim wins appeal for criminal injuries compensation
A woman who was assaulted by her mother when she was a baby has won a long-running legal battle for criminal injuries compensation after taking her appeal to the UK Supreme Court.
Court of Session Inner House — 4 February 2019
Judge rejects human rights challenge to Scots law ‘fixed penalty notice’ scheme
A teenager who claimed that Scottish legislation on “fixed penalty notices” breached European human rights law on the basis that there was no means of challenging the charge if an individual failed to ask to be tried for the alleged offence within the statutory 28-day time limit has had his case dismissed.
Court of Session Outer House — 1 February 2019
Foreign nationals successfully challenge decisions to refuse leave to remain applications over ‘errors’ in declared earnings
Two foreign nationals whose applications for indefinite leave to remain in the United Kingdom were refused because of discrepancies in their declared earnings have successfully challenged the decisions.
Court of Session Outer House — 31 January 2019
Supreme Court: Refusal to compensate men whose convictions were overturned does not breach presumption of innocence
The requirement for a person to prove beyond a reasonable doubt that they did not commit an offence in order to access compensation for a miscarriage of justice does not breach their right to presumption of innocence, the Supreme Court has ruled.
UK Supreme Court — 30 January 2019
Motorist convicted of third drink-driving offence fails in appeal against custodial sentence
A motorist who was jailed for eight months after pleading guilty to a charge of drink driving having been caught more than seven times over the legal limit has had his sentence reduced following an appeal.
Sheriff Appeal Court — 29 January 2019
Judge dismisses commercial tenant’s challenge to rent review decision as ‘incompetent’
A tenant of commercial premises which challenged an independent surveyor’s determination of the revised rent payable to the landlord has had its action dismissed as “incompetent”.
Court of Session Outer House — 28 January 2019
