Case archive

Criminal Appeal Court clarifies corroborative status of CCTV evidence 

The High Court of Justiciary has clarified the status of CCTV footage for the purposes of corroboration, confirming that where the only evidence of the crime libelled is the recorded footage and where its provenance is established, it can provide “sufficient evidence” of the “actus reus” of an offence.

High Court of Justiciary — 1 March 2019

Private healthcare company’s claim for payment against Scottish heath board dismissed

A private healthcare provider which sued a Scottish health board claiming it was “contractually obliged” to pay for a mental health patient’s continuing care at a hospital in England has had its case dismissed.

Court of Session Outer House — 28 February 2019

UKSC: No investigation into Pat Finucane's death so far has been Article 2 compliant

The widow of murdered Belfast solicitor Pat Finucane has been granted a declaration that the state has failed to deliver an Article 2 compliant investigation into the death of her husband, who was shot and killed by loyalist paramilitaries in collusion with the UK security forces.

UK Supreme Court — 27 February 2019

Criminal Appeal Court critical of ‘inappropriate and insulting’ questioning of rape complainer

The Criminal Appeal Court has reiterated its warning to defence lawyers over the “derogatory and insulting” questioning of rape complainers and criticised a judge for “wholly inappropriate” comments made about the evidence of a witness during the course of a trial.

Appeal Court of the High Court of Justiciary — 27 February 2019

Former sheriff struck off solicitors’ roll for 'professional misconduct’

A former sheriff has been struck off the solicitors’ roll for a “catalogue of serious and reprehensible behaviour”.

Scottish Solicitors Discipline Tribunal — 26 February 2019

Widow wins appeal for insurance payout over death of husband following assault by bouncer

A widow whose husband died after being choked by a pub bouncer is entitled to an insurance payout after appeal judges dismissed an appeal by insurers of the door steward’s former employers.

Court of Session Inner House — 25 February 2019

Montreal Convention: Settlement of action leaves law uncertain on recoverability of damages for psychiatric injury

A woman who sued an airline after claiming to have suffered both physical and psychiatric injuries following a crash which occurred while she was travelling on a bus from an aircraft to an airport terminal building has settled her case out of court.

Sheriff Court — 22 February 2019

Syrian asylum-seeker wins appeal for re-hearing of human rights claim against removal to Bulgaria

A Syrian asylum-seeker whose challenge to removal to Bulgaria on human rights grounds was dismissed as “clearly unfounded” has successfully appealed against the decision.

Court of Session Inner House — 21 February 2019

Searchers owe duty of care to inhibiting creditor, appeal court rules

Professional searcher firms owe a duty of care to creditors who have registered an inhibition, the continuing effectiveness of which depends on it being disclosed by the search carried out, the Sheriff Appeal Court has ruled.

Sheriff Appeal Court — 20 February 2019

Man convicted of murder following re-trial fails in appeal against ‘excessive’ punishment part

A man found guilty of murder for a second time following a re-trial had had an appeal against his sentence dismissed.

Appeal Court of the High Court of Justiciary — 19 February 2019

Traveller who held man in servitude fails in appeal against conviction

A man who was convicted along with another of holding a vulnerable 20-year-old man in servitude has failed in an appeal against conviction at the High Court of Justiciary Appeal Court.

Appeal Court of the High Court of Justiciary — 13 February 2019

Drug-abusing mother fails in appeal against decision to grant council adoption order

A mother-of-five who failed to participate in legal proceedings in which her local authority applied to adopt her youngest child has had an appeal against a sheriff’s decision to grant the council’s petitioner dismissed.

Sheriff Appeal Court — 5 February 2019

Crown wins ‘mutual corroboration’ appeal to restore conviction of man caught repeatedly masturbating in view of neighbour

A man found guilty of repeatedly exposing himself and masturbating in view of his next door neighbour, who had partially succeeded in an appeal due to a lack of corroboration, has had his original conviction restored after the Crown appealed against appeal court’s decision. 

High Court of Justiciary — 8 February 2019

Woman sues former partner for alleged rape and domestic abuse in landmark case

A woman who claims she was raped by a former partner and that she was the victim of domestic abuse is suing her ex-boyfriend for damages in a landmark legal case.

Sheriff Court — 7 February 2019

Appeal Court upholds judge’s decision to allow ‘time-barred’ damages claim over Glasgow bin lorry crash to proceed

An appeal by Glasgow City Council against a judge’s ruling that a damages action by relatives of some of the victims of the Glasgow bin lorry crash can proceed despite their claims being “time-barred” has been dismissed.

Court of Session Inner House — 6 February 2019