Case archive
Kezia Dugdale successfully defends defamation action over pro-independence blogger’s ‘homophobic’ tweet
The former leader of the Scottish Labour Party who was accused of defamation over a newspaper article in which she described a social media comment published online by a pro-independence blogger as “homophobic” has successfully defended a legal action against her.
Sheriff Court — 18 April 2019
Asylum seekers’ legal challenge to housing provider’s ‘unlawful’ lock-changing protocol fails
Two asylum seekers who claimed that it was “unlawful” for their housing provider to evict them by changing the locks to their homes without first obtaining a court order for their removal have had their legal challenges dismissed.
Court of Session Outer House — 17 April 2019
Gleneagles Hotel armed robber fails in appeal against sentence for £500,000 heist
An armed robber who was given an extended sentence of 18 years’ imprisonment after being found guilty of carrying out a £500,000 jewellery heist at one of Scotland’s top hotels has had an appeal against his sentence rejected. Rich
Criminal Appeal Court — 16 April 2019
Tommy Sheridan fails in appeal for review of perjury conviction
Tommy Sheridan has failed in an appeal to have his perjury conviction referred to the High Court of Justiciary to consider whether he suffered a “miscarriage of justice”.
Court of Session Inner House — 15 April 2019
Woman taken to court over Facebook post succeeds in appeal to Supreme Court
A woman sued for defamation by her ex-husband over her claim on Facebook that he “tried to strangle me” has had her appeal unanimously allowed by the Supreme Court on the basis an ordinary reader of the post would have interpreted it as meaning the ex-husband had grasped the woman by the throat and applied force to her neck – not that he had attempted to kill her.
UK Supreme Court — 4 April 2019
Man acquitted of rape found to have raped student following civil action
A former St Andrews university student who claimed she was raped by a man during a drunken night out has successfully sued him for £80,000 in damages after raising a civil action.
Sheriff Court — 8 October 2018
Man acquitted of rape found to have raped student following civil action
A former St Andrews university student who claimed she was raped by a man during a drunken night out has successfully sued him for £80,000 in damages after raising a civil action.
Sheriff Court — 8 October 2018
Court makes ‘vexatious litigant’ order over repeated meritless claims
A businessman who raised a series of “hopelessly irrelevant” and “incompetent” legal actions after being sequestrated for failing to pay his council tax has been declared a “vexatious litigant”.
Court of Session Inner House — 27 March 2019
Death by driving motorist’s damages claim against GP over prescription drugs ‘which caused black-out’ dismissed
A motorist found guilty of causing death by dangerous driving who claimed that he “blacked out” behind the wheel as a result of medications he was prescribed has had a damages action against his GP dismissed.
Court of Session Outer House — 26 March 2019
Partner of seriously ill elderly woman who died after being discharged from Royal Infirmary awarded £187,000 damages for junior doctor’s negligence
The surviving partner of an elderly woman who died after suffering gastrointestinal bleeding has been awarded more than £187,000 in damages, having successfully sued a Scottish health board following a junior doctor’s failure to admit the patient to hospital.
Court of Session Outer House — 25 March 2019
Council’s £12m damages claim against engineers over botched social housing development dismissed
A Scottish local authority which sued engineering contractors over a failed social housing development that had to be demolished for health and safety reasons has had its £12 million damages claim dismissed.
Court of Session Outer House — 21 March 2019
Sheriff’s decision to impose supervised release order in addition to long-term sentence ‘incompetent’
A serial offender with over 100 previous convictions has successfully challenged a sheriff’s decision to impose a supervised release order (SRO) after he was sentenced to four years’ imprisonment for an attempted robbery and a separate statutory breach of the peace.
Criminal Appeal Court — 19 March 2019
Abusive husband fails in financial claim in divorce action
A man who physically abused his wife and failed to contribute to the household finances or assist with raising the couple’s four children has had a claim for financial provision upon divorce rejected by a sheriff.
Sheriff Court — 20 March 2019
Amenity area maintenance burden did not create ‘monopoly’, Sheriff Appeal Court rules
A property management company has successfully challenged a sheriff’s decision that a burden requiring homeowners in a housing scheme to contribute to the costs of maintaining open ground in the estate owned by the maintenance company was void because it created a “monopoly”.
Sheriff Appeal Court — 18 March 2019
Judge rejects bank’s bid for couple to disclose privileged legal advice in loan guarantee dispute
The owners of the former McEwens of Perth department store will not have to disclose the legal advice they were given before signing a personal guarantee granted to them by a bank in their action for reduction of the contract, a judge has ruled.
Court of Session Outer House — 15 March 2019
