Case archive

Girl hit by car wins reduction in assessment of contributory negligence on appeal to UKSC

A seriously injured girl whose contributory negligence in a car accident was assessed at 70 per cent in a decision of an Extra Division of the Inner House of the Court of Session and whose share of damages was calculated accordingly has won an appeal against the assessment by a majority of 3-2 in the UK Supreme Court (UKSC).

UK Supreme Court 18 February 2015

Judge rejects police officer’s damages claim following training exercise injury

A police constable who was injured while playing the role of an attacker during an officer safety training course has had a claim for damages refused by a judge in the Court of Session.

Court of Session Outer House 17 February 2015

Sheriff’s decision to postpone trial was not oppressive, appeal court rules

A man charged with being in possession of a class A drug with intent to supply has had his challenge to a decision to postpone his trial for five months refused.

Appeal Court of the High Court of Justiciary 16 February 2015

Scottish Ministers found in contempt of court after prison service breached undertaking not to open inmate’s letters

The Scottish Ministers have been found in contempt of court after prison officers breached an undertaking not to open an inmate’s letters.

Court of Session Outer House 16 February 2015

Motorist’s breach of the peace conviction for ‘loitering’ and ‘following’ quashed

A motorist who was convicted of breach of the peace after being accused of conducting herself in a “disorderly manner” by “following” two people in her car and placing them in a state of “fear and alarm” has had her conviction quashed on appeal.

High Court of Justiciary 12 February 2015

Mum who ‘separated’ two fighting schoolboys has assault conviction quashed on appeal

A mother who was convicted of assault after grabbing hold of and shouting at a schoolboy involved in a play-fight with her son has had her conviction overturned by appeal judges.

High Court of Justiciary 11 February 2015

Turkish national seeking leave to remain in the UK has petition for judicial review dismissed

A Turkish national who was refused leave to remain in the UK despite claiming that he had established a family and private life has had a petition for judicial review of the decision dismissed by a judge in the Court of Session.

Court of Session Outer House 10 February 2015

Mineworkers’ union member fails in Employment Appeal Tribunal challenge to election of president

A miners’ union member who claimed that the successful candidate for election as president was “ineligible to stand” has failed in an appeal.

UK Employment Appeal Tribunal 9 February 2015

Supreme Court unanimously dismisses challenge to Shetland windfarm plans

The UK Supreme Court has unanimously dismissed the appeal of a campaign group challenging consent to build a windfarm on Shetland granted in 2012.

9 February 2015

State immunity from employment rights proceedings ‘incompatible with ECHR’

Legislation which gives foreign states “blanket immunity” from the jurisdiction of the courts of the UK in respect of employment disputes concerning embassy staff breaches human rights law, appeal judges have ruled.

England and Wales Court of Appeal 9 February 2015

Murderers’ ‘no reasonable jury’ appeals against conviction refused

Two men who were sentenced to life imprisonment for murder have failed in their appeals against conviction after the Criminal Appeal Court dismissed their claims that no reasonable jury properly directed could have returned guilty verdicts.

High Court of Justiciary 5 February 2015

Radio presenter wins appeal over liability for legal fees as company director could not bind fellow directors

A company director who was sued for more than £3,000 in professional fees by a law firm which was instructed by another director to act on the company’s behalf in a legal dispute has won an appeal after a court ruled he was not liable to pay the sum sued for.

3 February 2015

Appeal by landlords against threefold payment of deposit refused

An appeal by two landlords against a decision requiring them to pay a tenant thrice the deposit for a lease which they failed to timeously repay has been refused by judges in the Court of Session.

3 February 2015

Unhappy client cannot re-raise damages action against former solicitors after lawyer settled claim on his behalf

A disgruntled client who sued his former solicitors for damages but learned that a lawyer acting on his behalf had settled the action without his authority has failed in an appeal against a decision to absolve his former solicitors from further proceedings.

Court of Session Inner House 23 January 2015

‘White van man’ found guilty of breach of the peace charges fails in appeal against conviction

A “white van man” found guilty of three charges of breach of the peace after repeatedly staring at children in public places and attempting to lure a young boy into his vehicle has failed in appeal against conviction.

22 January 2015