Case archive

Prison officer sacked for racist Facebook comments fails in ‘unfair dismissal’ claim

A prison officer who was sacked for “gross misconduct” after posting “inappropriate and offensive” comments about Muslims on his Facebook page has had an “unfair dismissal” claim rejected.

Employment Tribunal (Scotland) 3 September 2019

Compensation awards for criminal acts should not be discounted for guilty plea, Sheriff Appeal Court rules

A man who was required to pay a total of £6,000 in compensation after shouting sectarian abuse at two police officers during a drunken struggle and spitting at a paramedic has had an appeal against what he claimed was an “excessive” amount rejected.

Sheriff Appeal Court 5 September 2019

Prime Minister’s advice to Queen to prorogue Parliament ‘not unlawful’, judge rules

A legal challenge by a cross-party group of parliamentarians against the proposed suspension of the UK Parliament ahead of “Brexit day” has been dismissed.

Court of Session Outer House 4 September 2019

Motorist who claimed speeding prosecution notice signed by former police chief was ‘invalid’ loses appeal

A motorist accused of speeding who claimed that the notice of intended prosecution he received was “invalid” because it bore an electronic signature of the former chief constable has had his appeal dismissed.

Appeal Court of the High Court of Justiciary 2 September 2019

Judge rejects legal bid for interim suspension of decision to prorogue Parliament

A legal challenge brought by a cross-party group of parliamentarians to temporarily halt the effect of Prime Minister Boris Johnson’s advice to Her Majesty the Queen to shut down the UK Parliament ahead of “Brexit day” has been rejected.

Court of Session Outer House 30 August 2019

Sheriff can rely on findings established at referral hearing in adoption proceedings

A sheriff may rely on facts established at a hearing on a ground of referral before a Children’s Hearing when considering an application for a permanence order, appeal judges have ruled.

Court of Session Inner House 29 August 2019

Prisoner’s damages claim for ‘wrongful revocation’ of home detention curfew licence dismissed

Prison authorities have successfully challenged a sheriff’s decision to allow a full hearing in a case brought by a former inmate who claimed he was "wrongfully" recalled to custody after being released on home detention curfew.

Sheriff Appeal Court 27 August 2019

Party litigants’ damages claim in medical negligence action dismissed as ‘irrelevant’ 

A patient who sued his local health service over alleged failures in diagnosis and treatment of symptoms affecting his right leg and foot has had a damages claim dismissed.

Sheriff Court 26 August 2019

Party litigants’ appeal against council’s refusal of guesthouse development rejected

A couple who challenged a Scottish local authority’s decision to refuse their application to redevelop a building for use as a hotel and guesthouse have had their appeal dismissed.

Court of Session Inner House 23 August 2019

Pro-life campaigners lose appeal against protest ban outside abortion clinic

Members of a Christian pro-life campaign group have had a legal challenge against a local authority’s decision to impose a “safe zone” banning protests around an abortion clinic dismissed.

England and Wales Court of Appeal 22 August 2019

Construction company succeeds in legal challenge to refer dispute with hotelier to adjudication 

A construction company which is being sued for £3.8 million by a hotelier following a contractual dispute has successfully challenged a court ruling preventing it from having the case resolved by adjudication.

Court of Session Outer House 21 August 2019

Judge refuses leave to appeal against arbitrator’s award as decision was not ‘obviously wrong’

A party to an arbitration which was seeking to challenge an arbitrator’s award on the basis of an alleged “legal error” has had an application for leave to appeal against the decision refused. A judge in t

Court of Session Outer House 20 August 2019

‘Road rage’ motorist loses appeal against dangerous driving conviction

A motorist found guilty of “dangerous driving” after overtaking a camper van before slamming on the brakes and forcing the other driver to perform an “emergency stop” has failed in an appeal against his conviction.

Sheriff Appeal Court 19 August 2019

Falkirk couple allowed proof before answer in case against whisky aging facility

A couple from Falkirk have succeeded in getting a proof before answer in their case against a whisky company.

Court of Session Outer House 16 August 2019

Crown bill of advocation against sheriff’s pre-trial ruling on admissibility of ‘paedophile hunter’ evidence passes

The Crown has succeeded in challenging a sheriff’s pre-trial ruling that evidence gathered by so-called ‘paedophile hunters’ that the Crown proposed to induce at the trial of an alleged sex offender was inadmissible.

Sheriff Appeal Court 15 August 2019