Case archive

Vietnamese man who claimed he was human trafficking victim wins permission to appeal refusal of asylum application 

A Vietnamese asylum-seeker who claimed he was the victim of human trafficking and was a practising Catholic has successfully challenged a decision to refuse permission to appeal against a decision to reject his application.

Court of Session Outer House 7 November 2019

Judge rejects legal challenge against Lord Lyon’s decision to change wording of barony titles

A baroness who claimed that a decision by the Lord Lyon King of Arms to change the wording of the titles from “the baron of ...” to “holder of the barony of ...” breached an agreement she entered into with his predecessor in office has had a legal challenge against the decision dismissed. A judge in the Court of Session ruled that the relevant paragraphs in

Court of Session Outer House 6 November 2019

Bus driver wins appeal against dangerous driving conviction after appeal court views CCTV

A bus driver found guilty of dangerous driving after failing to leave a sufficient gap as he drove past a parked van and passing pedestrian has successfully appealed against his conviction.

Sheriff Appeal Court 5 November 2019

Rape accused’s attempt to question complainer about sado-masochistic sexual past rejected

A man accused of raping his former partner has failed in a legal bid to lead evidence to the effect that the complainer had been involved in sado-masochistic sexual conduct with another man before, during and after their relationship ended.

High Court of Justiciary 4 November 2019

Child guardian wins appeal against family judge’s ruling over ‘unjust’ and ‘wholly unsatisfactory’ handling of case

The guardian of a child who was made the subject of a care order has successfully challenged the decision after an appeal court ruled that the judge’s “wholly unsatisfactory” handling of the case amounted to “serious procedural irregularity”.

England and Wales High Court 1 November 2019

Rangers administrators’ £14 million damages claims against Lord Advocate for ‘malicious prosecution’ to proceed to full hearing

Two former administrators of Rangers Football Club Plc who are suing the Chief Constable of Police Scotland and the Lord Advocate for £14 million in damages over their alleged “wrongful arrest, detention and prosecution” have successfully challenged a decision that Scotland’s top law officer was “immune” from civil action.

Court of Session Inner House 31 October 2019

Bail condition not to contact former partner both ‘lawful and appropriate’, appeal judges rule

A man who was ordered not to contact his former partner after being convicted of a statutory breach of the peace following a drunken rant at police officers has had an appeal against the bail condition imposed dismissed.

Appeal Court of the High Court of Justiciary 30 October 2019

Lawyers’ pub gossip about employment tribunal claim protected by ‘legal advice privilege’

An in-house lawyer who sued his former employer for disability discrimination and victimisation cannot rely on a leaked email or a conversation he overheard in a pub to support his employment tribunal claim, appeal judges have ruled.

England and Wales Court of Appeal 29 October 2019

Company sues property developer in legal bid to protect possession of land

A company which claims to have possessed a number of industrial units in a business park for more than 20 years has been granted a full hearing in an action against a property developer who was allegedly seeking to take over possession of the land.

Court of Session Outer House 28 October 2019

Man who murdered ex-partner loses appeal against ‘excessive’ 19-year punishment part

A man who was sentenced to life imprisonment after being found guilty of the murder of his ex-partner has had an appeal against the punishment part of his sentence refused.

Appeal Court of the High Court of Justiciary 24 October 2019

Murderer with previous conviction for killing own father has punishment part reduced on appeal

A man who was sentenced to life imprisonment after being found guilty of murder and attempting to defeat the ends of justice has had the punishment part of the sentence reduced following an appeal.

Appeal Court of the High Court of Justiciary 23 October 2019

Immigrant with criminal convictions fails in legal bid to extend discretionary leave to remain in UK

An immigrant whose application for discretionary leave to remain was refused on the basis that he had acquired three criminal convictions while in the UK and because his application was lodged after the expiry of his existing leave has failed in a legal challenge against the decision.

Court of Session Outer House 22 October 2019

Legal challenge to ‘unlawful’ Brexit deal ‘misconceived’, judge rules 

A barrister who claimed the new Brexit deal negotiated by the Prime Minister was “unlawful” has had a legal challenge to suspend the agreement dismissed.

Court of Session Outer House 21 October 2019

Sheriff issues reasons for rejecting human rights challenge to re-routing of Loyalist marches

A sheriff has published his reasons for refusing an appeal by Loyalist groups against a Scottish local authority’s decision to change the routes of its marches to avoid Catholic churches.

Sheriff Court 18 October 2019

Tenant’s private residential tenancy appeal dismissed

A tenant in a house of multiple occupancy who claimed she and her landlords were subject to a private residential tenancy (PRT) has had her appeal dismissed.

Upper Tribunal for Scotland 17 October 2019