Case archive



Threatening behaviour libel gave adequate notice of significant sexual offence, appeal judges rule

A man found guilty of behaving in a “threatening” manner towards two teenage girls has had an appeal against a sheriff’s decision to place him on the sex offenders register dismissed.

Appeal Court of the High Court of Justiciary 14 October 2019

Father fails in appeal against mother’s removal of children from Italy to Scotland

A father-of-two who claimed that his estranged wife had “wrongfully removed” their two children from Italy when she fled with them to Scotland following the breakdown of their “volatile” marriage has had an appeal to have them returned refused.

Court of Session Inner House 11 October 2019

Inner House puts decision in nobile officium case for Brexit extension letter on hold

An appeal court ruling in a legal action seeking a court order to force the Prime Minister to write a letter requesting a Brexit extension in the event that no deal has been agreed between the UK and the EU has been put on hold.

Court of Session Inner House 10 October 2019

Uncle found guilty of sexually assaulting nephew and niece fails in appeal against conviction

A man found guilty of sexually assaulting his niece and nephew but who claimed that the doctrine of “mutual corroboration” could not apply to the two offences has had an appeal against his conviction dismissed.

Sheriff Appeal Court 9 October 2019

Court order forcing Prime Minister to seek Brexit extension unnecessary, judge rules

A legal action seeking a court order to force the Prime Minister to write a letter requesting a Brexit extension in the event that no deal has been agreed between the UK and the EU has been dismissed after a judge ruled that it was not required.

Court of Session Outer House 8 October 2019

Motorist who failed to appear for ‘special reasons’ proof loses appeal against penalty points imposed

A motorist who was fined and given six penalty points after being convicted of driving without insurance and who claimed there were “special reasons” for her licence not being endorsed has had her appeal dismissed.

Sheriff Appeal Court 7 October 2019

Landlord wins legal action for removal of tenant Amazon from commercial property

A commercial property landlord has been granted a court order requiring a tenant to leave the premises after a judge ruled that the notice to terminate the lease, which gave a period of just under six months, was valid under common law.

Court of Session Outer House 4 October 2019

Disabled man jailed for child ‘grooming’ offences wins appeal against ‘inappropriate and excessive’ custodial sentence 

A severely disabled man who was sentenced to one year and eight months’ imprisonment after being convicted of sexual offences against children has successfully appealed against a sheriff’s decision to impose a custodial sentence.

Appeal Court of the High Court of Justiciary 3 October 2019

Domestic abuser fails in appeal against four-year custodial sentence but has extension period quashed 

A man who was jailed for four years after being found guilty of domestic abuse offences has had an appeal against the custodial term imposed rejected.

Appeal Court of the High Court of Justiciary 2 October 2019

Man accused of ‘threatening and abusive behaviour’ towards ex-wife wins appeal to have case dismissed 

A man accused of behaving in a “threatening and abusive manner” by shouting and swearing at his ex-wife has successfully challenged an attempt to prosecute him after a sheriff had previously deserted an identical complaint against the accused pro loco et tempore.

Sheriff Appeal Court 1 October 2019

Contractor’s £25m ‘unlawful state aid’ claim against Scottish government dismissed 

A contractor which claimed the Scottish government acted unlawfully in giving taxpayers' money to a competitor in the purchase of a Highland industrial yard has had a £25 million damages action dismissed.

Court of Session Outer House 30 September 2019

Rapist loses appeal against conviction over ‘insufficient evidence’ of lack of consent

A man who was found guilty of raping a family member but claimed that there was “insufficient evidence” that he lacked the “honest belief” that the complainer had consented has lost his appeal.

Appeal Court of the High Court of Justiciary 27 September 2019

Upper Tribunal rules pro indiviso tenant did not have private residential tenancy

A woman who appealed a decision of the First-tier Tribunal for Scotland on the basis of her claim she did not have a private residential tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 has had her appeal refused by the Upper Tribunal for Scotland.

Upper Tribunal for Scotland 27 September 2019

Housing and Property Chamber erred in dismissing case as ‘frivolous and vexatious’, Upper Tribunal rules

The First-tier Tribunal for Scotland Housing and Property Chamber (FtT) was wrong to dismiss an application to hear a dispute as “frivolous and vexatious”, the Upper Tribunal for Scotland (UT) has ruled.

Upper Tribunal for Scotland 25 September 2019

Company director accused of breaching disqualification order fails in time-bar challenge against prosecution

A man accused of breaching an order disqualifying him from acting as a company director who claimed that criminal proceedings raised against him were “time-barred” has had a legal challenge against his prosecution dismissed.

Sheriff Appeal Court 26 September 2019