Case archive



Sheriff Appeal Court issues guideline judgment in refusing motorist’s appeal against ‘excessive’ fine 

A motorist who was fined £500 after being convicted of driving without a valid licence and without insurance has failed in an appeal to have the financial penalty reduced.

Sheriff Appeal Court 26 November 2019

RBS ordered to make PPI payout after failing in ‘insolvency set-off’ appeal 

The Royal Bank of Scotland has had an appeal rejected against a decision that it could not avoid paying out a successful payment protection insurance (PPI) mis-selling claim to a loan customer who became insolvent.

Court of Session Inner House 25 November 2019

Foreign businessman wins permission to appeal for indefinite leave to remain in tax discrepancy case over ‘blatant error of law’

A Nigerian businessman who was refused indefinite leave to remain in the UK despite living here for more than a decade due to tax discrepancies has been granted permission to appeal against the decision to refuse his application.

Court of Session Outer House 22 November 2019

Appeal Court warns judges not to ‘cross-examine’ complainers in sexual offence cases in rejecting appeal against rape conviction

Judges presiding over solemn cases have been reminded not to take over the role of “cross-examiner” of witnesses, particularly in trials involving allegations of serious sexual offending.

Appeal Court of the High Court of Justiciary 21 November 2019

Pair found guilty of producing psychoactive substances fail in appeal against convictions

Two men found guilty of producing psychoactive substances on an industrial scale following the introduction of new legislation to tackle the rising use of so-called “legal highs” have had appeals against their convictions rejected.

Appeal Court of the High Court of Justiciary 20 November 2019

Company fails in claim to recover payment from ex-employee who fell for £200,000 ‘whaling fraud’ 

A publishing company which sued a former employee for more than £100,000 after she fell victim to a “whaling fraud” has failed in a legal action to recover the funds.

Court of Session Outer House 19 November 2019

Young motorist who caused serious injury by dangerous driving has ‘excessive’ custodial sentence reduced

A motorist who was jailed after being found guilty of causing “serious injury by dangerous driving” has had his custodial sentence reduced following an appeal.

Appeal Court of the High Court of Justiciary 18 November 2019

Man accused of rape of sister and fiancée to face trial after Crown wins ‘mutual corroboration’ appeal

A man accused of rape and other historical child sexual offences against his sister as well as allegedly raping his former fiancée will face trial on the charges after prosecutors successfully challenged a judge’s decision to uphold a “no case to answer” submission.

Appeal Court of the High Court of Justiciary 15 November 2019

Asylum seeker whose application was refused loses appeal against housing provider’s ‘unlawful’ lock-changing policy

A failed asylum seeker who claimed that it was “unlawful” for her housing provider to evict her from temporary accommodation by changing the locks to the property without first obtaining a court order has had her appeal dismissed.

Court of Session Inner House 14 November 2019

Man living with severely disabled partner wins Supreme Court case against paying 'bedroom tax'

A man living with his severely disabled partner in a two-bedroom council house should receive full housing benefit because applying the so-called "bedroom tax" breaches his human rights, the UK Supreme Court has ruled.

UK Supreme Court 14 November 2019

Lord Advocate wins appeal to prosecute man for murder despite accepting his guilty plea to assault

Scotland’s top law officer has successfully challenged a judge’s decision that the Crown was “barred” from prosecuting a man for murder, having previously accepted his guilty plea to a charge of assaulting the same man, who died almost five years later as a result of his injuries.

Appeal Court of the High Court of Justiciary 13 November 2019

Supreme Court partially allows appeal of Liberian woman charged with torture offences

The Supreme Court has remitted the case of a Liberian woman who challenged various counts of torture made against her by reference to the interpretation of the term “person acting in an official capacity”.

UK Supreme Court 13 November 2019

St Andrews University entitled to bring trade mark infringement action against student gown seller in Scotland

Scotland’s oldest university will be able to pursue legal action in this jurisdiction against a company it has accused of infringing its trade marks in the sale of student gowns after a Court of Session judge rejected arguments by the London-based retailer that the case should be heard in England.

Court of Session Outer House 12 November 2019

Woman who murdered husband in ‘merciless attack’ has punishment part reduced on appeal

A woman who was jailed for life with a minimum of 25-and-a-half years after being found guilty of the murder of her husband has had the punishment part of her sentence reduced following an appeal.

Appeal Court of the High Court of Justiciary 11 November 2019

Tax fraudster fails in appeal against proceeds of crime confiscation order 

A woman who was made the subject of a confiscation order under “proceeds of crime” legislation after being convicted of a £50,000 tax fraud has failed in an appeal against her sentence.

Appeal Court of the High Court of Justiciary 8 November 2019