Case archive

Absolute discharge for thief with previous convictions for theft was ‘unduly lenient’

A sheriff’s decision to grant an absolute discharge to a woman found guilty of the theft of £200 worth of fencing was “unduly lenient”, the Sheriff Appeal Court has ruled. Three appeal sheriffs quashed the sheriff’s decision and convicted the respondent of the ch

Sheriff Appeal Court — 21 May 2019

Family of alcoholic homeless man who died in charity accommodation fail in damages claim

The family of a homeless man with a history of alcoholism who died hours after being offered accommodation by a charity have had an action for damages against the support provider dismissed.

Court of Session Outer House — 20 May 2019

What’s in a name? – Appeal court dismisses mental health patient’s application to protect identity

A vulnerable woman who was made the subject of a hospital-based care and treatment order has had an application to prevent disclosure of her identity dismissed by appeal judges.

Court of Session Inner House — 17 May 2019

House-builder wins appeal against decision to refuse permission for brownfield development

A house-builder has successfully appealed against a Scottish local authority’s decision to refuse planning permission for a new residential development.

Court of Session Inner House — 16 May 2019

Appeal against ouster clause preventing judicial review of spy court decision succeeds

An appeal against an ouster clause preventing judicial review of a decision of the Investigatory Powers Tribunal (IPT) has succeeded in the Supreme Court, which allowed the appeal by a majority.

UK Supreme Court — 15 May 2019

Murderer’s appeal against conviction over judge’s ‘misdirection’ on diminished responsibility rejected

A man found guilty of murder after taking a cocktail of drink and drugs who claimed that he was suffering from “abnormality of mind” at the time of the killing has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary — 15 May 2019

Simple procedure claim for delivery of £30,000 car dismissed as ‘incompetent’

A simple procedure claim cannot be combined with another action where the value exceeds £5,000, a sheriff has ruled.

Sheriff Court — 14 May 2019

Lord Advocate entitled to claim legal advice privilege over emails with in-house lawyers on Rangers proceeds of crime case, judge rules 

Correspondence between a senior prosecutor and in-house lawyers at the Crown Office relating to proceeds of crime proceedings against a former administrator of Rangers Football Club “oldco” is protected by “legal advice privilege” and therefore exempt from disclosure, a judge has ruled. David Whitehouse, who is suing the Lord Advocate James Wolffe QC

Court of Session Outer House — 13 May 2019

Sex offender fails in legal bid for more time to appeal against conviction

A man found guilty of attempted rape who failed to lodge an appeal within the statutory time limits has had an application for an extension of time to challenge his conviction rejected.

Appeal Court of the High Court of Justiciary — 10 May 2019

Appeal judges reject single parent asylum seekers’ legal challenge over ‘mean spirited’ cuts to financial support

Two single parent asylum seekers who claimed that the reduction in the level of financial support available to them was “unlawful” have had their appeal rejected.

Court of Session Inner House — 9 May 2019

Man convicted of violent domestic assaults fails in appeal for sentence discount for guilty plea

A man who was jailed for four years after pleading guilty to serious and violent assaults against his former partner has failed in an appeal to have his sentence reduced.

Appeal Court of the High Court of Justiciary — 8 May 2019

Extradition to Poland would not breach right to a fair trial despite ‘breakdown in rule of law’, sheriff rules

A Polish national convicted of a series of offences and accused of other crimes in his home country who claimed that extradition to Poland would breach his human rights has had his legal challenge dismissed in a test case.

Sheriff Court — 7 May 2019

‘Ruff justice’ appeal rejected as judges confirm destruction of dangerous dog

A dog-owner who challenged a sheriff’s decision to order the destruction of her pet Bullmastiff after it attacked a passer-by and another dog has had her appeal dismissed.

Appeal Court of the High Court of Justiciary — 3 May 2019

Mother wins appeal against conviction for assaulting police officers who ‘unlawfully’ entered home

A mother who was found guilty of assaulting two police officers who unlawfully entered her home and tried to detain her has successfully appealed against her conviction.

High Court of Justiciary — 2 May 2019

Carer’s defamation appeal against newspaper over ‘misleading’ headline dismissed

A carer who sued a local newspaper for defamation has had an appeal against a sheriff’s decision to dismiss the claim rejected.

Sheriff Appeal Court — 1 May 2019