Case archive



Human rights challenge against ‘named person’ legislation refused by appeal judges

A challenge to legislation which will see a “named person” assigned to every child in Scotland has been refused by appeal judges in the Inner House of the Court of Session.

Court of Session Inner House 3 September 2015

Developer’s £15m damages claim against council over Commonwealth Games site dismissed as ‘irrelevant’

A property development company which sued Scotland’s largest local authority for £15 million following a dispute over a contract to develop a site has had its claim dismissed as “irrelevant”.

Court of Session Outer House 2 September 2015

Strasbourg court rules Tunisian migrants' human rights violated in Italy during Arab Spring

The European court of Human Rights (ECtHR) has held that the rights of clandestine migrants from Tunisia were violated when they were detained after landing on the Italian coast in the midst of the "Arab Spring" in 2011.

European Court of Human Rights 1 September 2015

Scots conveyancer guilty of ‘professional misconduct’ for breaching lenders’ handbook and money laundering regulations

A Scots lawyer who failed in his duties under the CML Handbook and at common law to provide material information to lenders in conveyancing transactions has been found guilty of “professional misconduct”.

1 September 2015

Criminal Appeal Court refuses appeal against ‘oppressive’ restrictions on internet use

A man who was given a community payback order with restrictions on his internet use after being convicted of an attempt at “communicating indecently with an older child” has failed in an appeal against sentence.

Appeal Court of the High Court of Justiciary 28 August 2015

Union’s appeal for judicial review of employment tribunal fees dismissed

A trade union which challenged the introduction of fees for claimants to pursue employment tribunals has had an appeal for judicial review of the policy refused.

England and Wales Court of Appeal 27 August 2015

Scots lawyer wins appeal against Law Society’s ‘unsatisfactory conduct’ ruling

A Scots lawyer has successfully challenged a decision of the Council of the Law Society of Scotland to uphold a complaint of “unsatisfactory conduct” made against him.

25 August 2015

Crown wins appeal against sheriff’s ‘not proven’ ruling over non-harassment order breach

The Crown has successfully challenged a sheriff’s decision to acquit a man of breaching a non-harassment order.

Appeal Court of the High Court of Justiciary 24 August 2015

Ryanair defeated in test case over compensation time limit

Budget airline Ryanair has been told it cannot impose a two-year time limit on passengers' claims for compensation for long and unnecessary delays.

24 August 2015

Scots lawyer who removed client files from firm’s office found not guilty of ‘professional misconduct’

A Scots lawyer who removed files from her firm’s office over fears her fellow partner in the business may be made bankrupt and following a breakdown in their working relationship has been found not guilty of professional misconduct.

21 August 2015

Extradition to Poland for ‘minor’ alleged offence would be ‘disproportionate’, Criminal Appeal Court rules

A man accused of fraud has successfully challenged a sheriff’s decision to order his extradition to Poland after the Criminal Appeal Court ruled that the offence he was accused of was “minor”.

High Court of Justiciary 19 August 2015

Legal advice need not be incorrect or negligent to be inadequate, appeal court rules

A Scottish lawyer who was ordered to pay compensation to clients after he was found to have provided an “inadequate professional service” in relation to the advice he gave following their purchase of a house has had an appeal against the complaints body’s finding refused.

Court of Session Inner House 18 August 2015

Cross-examination of sexual assault complainer ‘should not extend to witness intimidation’ – Lord Justice Clerk

The right to cross-examination of an alleged sexual assault victim “does not extend to insulting or intimidating a witness” and trial judges should intervene where questioning “strays beyond proper bounds”, the Lord Justice Clerk has said.

High Court of Justiciary 14 August 2015

Relatives of Lockerbie victims do not have ‘legitimate interest’ in pursuing appeal - Criminal Appeal Court publishes opinion

The Criminal Appeal Court has published its opinion following the refusal of an application by relatives of Lockerbie bombing victims who were seeking to pursue an appeal on behalf of the man convicted of the atrocity in which 270 people were killed.

Appeal Court of the High Court of Justiciary 13 August 2015