Case archive

Scottish solicitor fined £5,000 over delay in administering executry

A Scots lawyer who delayed administering the estate of a deceased client of his firm after having failed to make proper attempts to contact the beneficiary has been fined £5,000.

Scottish Solicitors Discipline Tribunal — 2 July 2019

Right to privacy recognised in Scots common law for first time as judge dismisses action by police officers over private ‘WhatsApp’ messages

There is a right of privacy in the common law of Scotland, a Court of Session judge has ruled.

Court of Session Outer House — 1 July 2019

Minimum unit pricing prevails as Supreme Court dismisses Scotch Whisky Association appeal

The Scotch Whisky Association’s appeal against the legality of Scotland’s minimum pricing regime has been unanimously dismissed by justices in the Supreme Court who found its enabling legislation does not breach EU law and that it is a proportionate means of achieving a legitimate aim.

15 November 2017

Upper Tribunal rules building can be demolished even with outstanding repair enforcement order

The Upper Tribunal for Scotland has ruled that the existence of a repairing standard enforcement order did not prevent a trust from having the requisite intention to demolish a building as per Schedule 5 of the Housing (Scotland) Act 1988.

Upper Tribunal for Scotland — 28 June 2019

Upper Tribunal for Scotland rules homeowners cannot retrospectively acquire right to complain to property factor

The proprietors of a Glasgow flat who discovered that the property was in need of significant repairs following the date of entry, contrary to what the building’s property factor had told them, did not have a right to complain as they lacked title when the events occurred.

Upper Tribunal for Scotland — 27 June 2019

Undue influence absent in woman's transfer of property to daughter and her husband

A woman who disponed her property to her daughter and her husband was unable to have the disposition reduced on the ground of undue influence as the four-part test was not satisfied in the circumstances of the case.

Court of Session Outer House — 26 June 2019

Man who broke into Army property fails to establish exceptional circumstances in firearms offence but has overall sentence length reduced

The sentence of a man convicted of breaking into a British Army building and stealing dummy rifles as well as possessing a prohibited firearm under the Firearms Act 1968 has been reduced on appeal in relation to the theft charge owing to his original sentences being regarded as excessive when taken cumulatively.

Appeal Court of the High Court of Justiciary — 25 June 2019

Planning appeal allowed after reporter abdicated duty to consider key issue of case

A Reporter for the Scottish Ministers was found to have erred in law by accepting without question the findings of the planning authority regarding the quantity of effective housing land supply in the area.

Court of Session Inner House — 24 June 2019

Employment Tribunal victimisation ruling quashed after judge fell asleep twice during hearing

An employer which was found to have “victimised” a former employee after sifting out her application for a job has successfully challenged a tribunal’s decision to uphold her claim, after the employment judge “fell fully asleep not once but twice” during the hearing.

UK Employment Appeal Tribunal — 21 June 2019

£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