Case archive

Turkish national wins appeal for re-hearing of case to remain in UK with Scottish wife

A Turkish national who was seeking leave to remain in the UK as the spouse of his Scottish wife has successfully appealed against the decision to refuse his application.

Court of Session Inner House — 30 October 2018

Judge should not act as party litigant’s legal adviser, Court of Session rules in refusing appeal

A judge should not become a party litigant’s law agent and advise on procedural matters when dealing with applications to appeal, the Court of Session has ruled.

Court of Session Inner House — 29 October 2018

Sheriff Appeal Court overturns ruling in breach of contract case over show-jumping pony

A father who bought a show-jumping pony for his daughter but later sued the seller after claiming that the gelding was taller than advertised has had a court ruling in his favour overturned following an appeal.

Sheriff Appeal Court — 26 October 2018

Man who fire-bombed two houses loses appeal against attempted murder conviction

A man found guilty of attempted murder after fire-bombing two houses in a revenge attack following an assault on his younger brother has had an appeal against conviction rejected.

Court of Session Inner House — 25 October 2018

Family awarded £100,000 damages following fatal road traffic accident outside home

A family has been awarded £100,000 damages following a fatal road traffic accident involving a supermarket delivery van and an fuel tanker near their home which resulted in the lorry crashing into their garden and spilling thousands of gallons of aviation fuel.

Court of Session Outer House — 24 October 2018

Court of Session finds in favour of homeless petitioner in judicial review

A homeless man who was evicted for rent arrears has successfully argued that a decision to the effect that he was “intentionally homeless” was “unlawful” - but his legal challenge was dismissed because he raised the action against the wrong party.

Court of Session Outer House — 23 October 2018

Motorist who drove at cyclist wins appeal against assault conviction over sheriff’s misdirection on ‘mixed statements’

A man found guilty of driving his car at a cyclist who had stolen his girlfriend’s bike and causing him severe injury before punching the thief’s friend has had his conviction quashed following an appeal.

Criminal Appeal Court — 22 October 2018

UKSC: Woman's civil claim on behalf of son against marine vessel operater not time-barred

A claim made by a woman on behalf of her son against a marine vessel operator following the death of his father was not time-barred under the Athens Convention, justices in the Supreme Court have unanimously ruled, dismissing the appeal of the company.

UK Supreme Court — 17 October 2018

Man granted contact order with daughters and divorce from wife who falsely accused him of raping her

A man whose wife made a false rape allegation against him and moved away with their children has been granted a divorce and a contact order in a case in which the sheriff found the children's negative views of their father were not independently formed and that the mother's witnesses, among them a head teacher, were unreliable.

Sheriff Court — 16 October 2018

Man convicted of masturbating in view of neighbour partially succeeds in appeal over lack of corroboration

A man found guilty of repeatedly exposing himself and masturbating in view of his next door neighbour has partially succeeded in an appeal due to a lack of corroboration.

Sheriff Appeal Court — 12 October 2018

Woman convicted of attempted murder loses appeal over ‘provocation’ claim

A woman found guilty of attempted murder who claimed that the trial judge misdirected the jury by failing to give directions on provocation has had her appeal against conviction rejected.

Criminal Appeal Court — 11 October 2018

Supreme Court: Bakery's refusal to supply cake iced with ‘Support Gay Marriage’ not discriminatory

The Supreme Court has ruled a bakery's refusal to supply a cake iced with the message ‘Support Gay Marriage’ was not discriminatory on the grounds of sexual orientation, as the refusal was based on the message and not to any particular person.

UK Supreme Court — 10 October 2018

Young offenders cannot get off ‘scot-free’, appeal judges rule in refusing appeals against custodial sentences

Two teenagers who were given custodial sentences after one pled guilty to behaving in a threatening and abusive manner and the other admitted a charge of assault have had their appeals against the sentences imposed rejected.

High Court of Justiciary — 9 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