Case archive



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

Client fails in appeal against decision to dismiss complaint against lawyer as ‘time-barred’

A disgruntled litigant whose complaints against a Scots lawyer and a law firm were rejected as time-barred has had an appeal against the decision dismissed.

Court of Session Inner House — 30 April 2019

A sleeping person is not capable of consenting to sex, appeal court rules in rape case

A man accused of the rape of woman while she was asleep who claimed that he had the consent of the complainer has had his appeal rejected.

High Court of Justiciary — 29 April 2019

Family of shipbuilder who died from asbestos-related cancer sue for damages

Relatives of a shipbuilder who died from an asbestos-related condition have been granted a jury trial in their action for damages against the deceased’s former employers.

Court of Session Outer House — 25 April 2019

Evidence of non-penetrative sexual assault capable of providing ‘mutual corroboration’ of rape, appeal court rules

A man found guilty of rape who claimed that evidence of a charge of sexual assault could not provide “mutual corroboration” for the rape charge has had an appeal against his conviction rejected.

High Court of Justiciary — 24 April 2019

Police officers in Sheku Bayoh case win legal challenge for medical retirement

Two police officers involved in the incident which led to the death of Sheku Bayoh have successfully challenged decisions to refuse their requests to retire on medical grounds.

Court of Session Outer House — 23 April 2019

Kezia Dugdale successfully defends defamation action over pro-independence blogger’s ‘homophobic’ tweet

The former leader of the Scottish Labour Party who was accused of defamation over a newspaper article in which she described a social media comment published online by a pro-independence blogger as “homophobic” has successfully defended a legal action against her.

Sheriff Court — 18 April 2019

Asylum seekers’ legal challenge to housing provider’s ‘unlawful’ lock-changing protocol fails

Two asylum seekers who claimed that it was “unlawful” for their housing provider to evict them by changing the locks to their homes without first obtaining a court order for their removal have had their legal challenges dismissed.

Court of Session Outer House — 17 April 2019

Gleneagles Hotel armed robber fails in appeal against sentence for £500,000 heist

An armed robber who was given an extended sentence of 18 years’ imprisonment after being found guilty of carrying out a £500,000 jewellery heist at one of Scotland’s top hotels has had an appeal against his sentence rejected. Rich

Appeal Court of the High Court of Justiciary — 16 April 2019

Tommy Sheridan fails in appeal for review of perjury conviction 

Tommy Sheridan has failed in an appeal to have his perjury conviction referred to the High Court of Justiciary to consider whether he suffered a “miscarriage of justice”.

Court of Session Inner House — 15 April 2019

Woman taken to court over Facebook post succeeds in appeal to Supreme Court

A woman sued for defamation by her ex-husband over her claim on Facebook that he “tried to strangle me” has had her appeal unanimously allowed by the Supreme Court on the basis an ordinary reader of the post would have interpreted it as meaning the ex-husband had grasped the woman by the throat and applied force to her neck – not that he had attempted to kill her.

UK Supreme Court — 4 April 2019

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

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

Court makes ‘vexatious litigant’ order over repeated meritless claims

A businessman who raised a series of “hopelessly irrelevant” and “incompetent” legal actions after being sequestrated for failing to pay his council tax has been declared a “vexatious litigant”.

Court of Session Inner House — 27 March 2019

Death by driving motorist’s damages claim against GP over prescription drugs ‘which caused black-out’ dismissed 

A motorist found guilty of causing death by dangerous driving who claimed that he “blacked out” behind the wheel as a result of medications he was prescribed has had a damages action against his GP dismissed.

Court of Session Outer House — 26 March 2019