Case archive

‘Hypothetical’ indyref2 case rebuffed in Outer House

The Outer House of the Court of Session has refused to grant declarator to the effect that the Scottish Parliament should be able to legislate for a second referendum on Scottish independence without the consent of Westminster, calling the action “hypothetical, academic, and premature”.

Court of Session Outer House 8 February 2021

Crown sentence appeals founded on use of English driving offence guidelines refused by High Court

Two separate Crown appeals against what it considered unduly lenient sentences handed to two men convicted of dangerous driving charges have been rejected by the Appeal Court of the High Court of Justiciary.

Appeal Court of the High Court of Justiciary 5 February 2021

Oxford don awarded nearly £1m in damages after law firm negligently drafted property trust agreement

A judge in the High Court of England and Wales has awarded an Oxford professor over £985,000 in damages after successfully establishing that the law firm that drew up the trust agreement governing his late mother’s estate had negligently failed to provide a veto over a proposed sale to the trustees. 

England and Wales Court of Appeal 4 February 2021

Cumbernauld man who stabbed upstairs neighbour in doorway loses appeal against attempted murder conviction

The Appeal Court of the High Court of Justiciary has refused the appeal against conviction of a man who was charged with attempted murder after stabbing his upstairs neighbour in the chest at the doorway of his home.

Court of Session Inner House 3 February 2021

Prisoner serving life sentence fails to obtain judicial review of decision not to move him to lower security prison

A prisoner serving a life sentence in HMP Edinburgh who sought a judicial review of the failure of the prison authorities to progress him through the route to parole by moving him to a less secure facility has had his petition refused.

Court of Session Outer House 2 February 2021

New Lanark Trust-owned businesses’ charitable status upheld by Inner House

Two appeals by the Office of the Scottish Charity Regulator against the Upper Tribunal for Scotland’s decision to allow two companies to be entered on the register of charities has been refused by the Inner House of the Court of Session.

Court of Session Inner House 1 February 2021

Inner House dismisses consumer protection appeal by man fitted with hip replacement

A man who received a total hip replacement that he alleged was defective has had his appeal against the dismissal of his case refused by the Inner House of the Court of Session.

Court of Session Inner House 28 January 2021

Man who sent Scottish Legal Complaints Commission abusive email refused leave to appeal against refusal of complaint

A man has been refused permission to appeal against a decision of the Scottish Legal Complaints Commission that a firm of solicitors he instructed to wind up his deceased father’s estate had not failed to communicate effectively with him about the fact they had not received a death certificate and should not have their fees reduced as a consequence.

Court of Session Inner House 29 January 2021

Tenant of burned down storage unit at former turkey farm fails to establish damages claim

An action by the lessee of a storage unit located on a former poultry farm that was destroyed by a fire in 2016 has been dismissed by a sheriff.

Sheriff Court 27 January 2021

Glasgow murderer who killed man with machete outside pub loses appeal against conviction

A man serving a life sentence for murder after striking a man with a machete outside a Glasgow pub has had his appeal against conviction refused.

Appeal Court of the High Court of Justiciary 26 January 2021

Aberdeen IT firm successfully challenges dismissal of its complaints made against solicitors  

An Aberdeen-based IT company has successfully appealed against a decision of the Scottish Legal Complaints Commission after it dismissed a complaint the company made against a firm of solicitors that it had instructed.

Court of Session Inner House 22 January 2021

Man who secretly removed bank book from dead father’s home fails to have brother removed as executor of estate 

A judge in the Outer House of the Court of Session has refused a man’s petition for his brother and sister-in-law to be removed as executors of his late father’s estate and the executry completed by an appointed judicial factor. 

Court of Session Outer House 21 January 2021

UK Supreme Court rules business interruption insurance policies must pay out after Covid-19 losses

The UK Supreme Court has ruled that business interruption losses resulting from the Covid-19 pandemic are recoverable under a variety of insurance policies after appeals by both the Financial Conduct Authority and various insurance companies.

UK Supreme Court 20 January 2021

Sheriff Appeal Court remits contact order application by abusive ex-partner for reconsideration

The Civil Division of the Sheriff Appeal Court has allowed an appeal by a mother against the grant of a supervised contact order for her young daughter’s father and remitted the case to a new sheriff for reconsideration.

Sheriff Appeal Court 19 January 2021

High Court rejects final posthumous appeal against Lockerbie bomber’s conviction

The High Court of Justiciary has rejected a final posthumous appeal against conviction on behalf of the man convicted of the Lockerbie bombing, Abdelbaset Ali Mohmed al-Megrahi.

Appeal Court of the High Court of Justiciary 18 January 2021