Case archive

High Court permits desertion of indictment against mentally ill man in favour of raising new indictment

A man who suffered from a mental health condition and was charged with rape has failed in his challenge of a decision to desert the indictment against him under section 56(5) of the Criminal Procedure (Scotland) Act 1995 with a view to the Crown immediately serving a new one.

Appeal Court of the High Court of Justiciary 9 August 2021

Airdrie sheriff finds liferent interest should be included in divorcing couple’s matrimonial property

A sheriff in Airdrie Sheriff Court has refused to dismiss a crave by a divorcing husband for the sum of £100,000 based on the inclusion of a joint liferent interest among the couple’s matrimonial assets.

Sheriff Court 6 August 2021

Cyclist who ignored warning sign and collided with car loses personal injury appeal

A cyclist who was injured in a road accident near the Old Course at St Andrews has failed in his appeal against a decree of absolvitor pronounced in favour of the motorist involved in the crash in the Sheriff Appeal Court.

Sheriff Appeal Court 5 August 2021

‘Evasive and prevaricative’ perjuress mother who ‘relished all of the attention’ held in contempt of court

A sheriff in Edinburgh Sheriff Court has found that the mother of an eight-year-old child acted in contempt of court in wilfully refusing to comply with a contact order awarded to the child’s father.

Sheriff Court 4 August 2021

Helensburgh castle residents fail to challenge ejection decree obtained by trustee in sequestration

A reclaiming motion by two siblings who occupied a castle in Helensburgh against a decree ordering them to vacate the subjects following sequestration has been refused by the Inner House of the Court of Session.

Court of Session Inner House 3 August 2021

English court allows appeal by Sky in trade mark infringement action against email migration service provider

The English Court of Appeal has allowed part of an appeal by the broadcaster and broadband provider Sky after it had the use of its trade marks restricted following an infringement action against a cloud storage business with a similar name founded by former Microsoft employees.

England and Wales Court of Appeal 30 July 2021

Grampian sheriff finds death of north-east prisoner from drug-related complications not reasonably preventable

A sheriff in Peterhead has found that the death of a north-east prisoner from possible drug and alcohol-related conditions the day after he was admitted to prison was not the result of an accident or any failure on the part of prison staff.

Sheriff Court 29 July 2021

Party litigant who had decree in absence granted for recovery of cottage by bank fails in Outer House reduction action

The owner of a cottage in Ayrshire has failed to reduce a decree allowing a bank to take possession of his home under the terms of a standard security granted over it and prevent the bank from enforcing it.

Court of Session Outer House 28 July 2021

Outer House awards over £300,000 in damages to family of man killed in cherry picker accident

The relatives of a young man who was killed when he was knocked out of a cherry picket by a tour bus have been awarded £315,000 in damages for loss of society after their success in an action against the operators of the coach and their insurers in the Outer House of the Court of Session.

Court of Session Outer House 27 July 2021

Inner House extends interdict banning sale of trade mark infringing Lidl gin to UK-wide order

The makers of Hendrick’s Gin have succeeded in extending the range of an interdict preventing a discount supermarket chain from selling a product that infringes on their trade mark to the whole of the UK after the chain brought a reclaiming motion to the Inner House of the Court of Session.

Court of Session Inner House 26 July 2021

ECtHR: Man detained under terror suspicions had human rights violated by Turkish authorities

The European Court of Human Rights (ECtHR) has ruled that the pre-trial detention of a man suspected of belonging to a terrorist organisation in Turkey was a violation of his human rights under Article 5 of the European Convention on Human Rights (ECHR).

European Court of Human Rights 22 July 2021

ECtHR: Post-mortem examination of baby violated parents' humans rights

A post-mortem examination of a baby conducted against the wishes of his parents has been ruled a breach of Articles 8 and 9 of the European Convention on Human Rights (ECHR).

European Court of Human Rights 21 July 2021

Outer House judge reduces Police Scotland decision to hold separate hearings for three officers accused of similar misconduct

Three police officers have successfully challenged the instigation and form of misconduct proceedings brought against them by Police Scotland in judicial review proceedings before the Outer House of the Court of Session.

Court of Session Outer House 16 July 2021

Sheriff Appeal Court finds Scottish Legal Aid Board not liable to pay statutory interest on overdue account

The Sheriff Appeal Court has found that the Scottish Legal Aid Board is not required to make payment of statutory interest in cases where a legal aid account is overdue, after an appeal by the Board against a Sheriff Court decision to that effect.

Sheriff Appeal Court 15 July 2021

Inner House rejects appeal by man who alleged noxious fumes from water treatment plant were entering his garden

A man who sought declarator of nuisance alleging that a waste water treatment plant near his house was creating noxious fumes in his garden has lost his appeal to the Inner House of the Court of Session.

Court of Session Inner House 14 July 2021