Case archive

Scots lawyer fails in challenge against complaints commission's decision to allow late complaint

A Scots lawyer who challenged a decision by the Scottish Legal Complaints Commission to allow a late complaint from an expert witness over the solicitor's firm's alleged failure to pay a fee of £15,000 has had her application for leave to appeal dismissed.

Court of Session Inner House 27 June 2016

Mike Ashley’s company to pay SFA and Dave King’s expenses following abandoned legal action over ‘fit and proper’ ruling

Mike Ashley has been ordered to pay the expenses of the Scottish Football Association and Dave King after his petition for judicial review of a decision of football’s governing body to approve the Rangers chairman as a “fit and proper person” to hold the position of director of Rangers International Football Club Plc was dismissed.

Court of Session Outer House 24 June 2016

Small business owner wins 'exceptional hardship' appeal against driving ban

The owner of a small business who was banned from the road for six months after being caught driving while using a mobile phone has successfully appealed against his disqualification.

Sheriff Appeal Court 23 June 2016

Sri Lankan's asylum application referred to CJEU as no authorities on point

A former member of the Tamil Tigers who claimed asylum under an EU directive on the basis he would face torture if returned to Sri Lanka has had his application referred to the Court of Justice of the European Union as no authorities are on point.

UK Supreme Court 23 June 2016

Sheriff Appeal Court goes against findings of first instance judge on evidence of Crown witnesses to allow appeal against conviction

A man who was given a community payback order after being found guilty of a statutory breach of the peace by striking the windscreen of a car with a metal bar has won an appeal against his conviction.

Sheriff Appeal Court 22 June 2016

Transferees of gratuitous alienations fail in appeal to Supreme Court

A company and individual who accepted the transfer of four properties – challenged by joint administrators of the transferor companies as gratuitous alienations – have had their appeal to the Supreme Court against a decision of the Inner House of the Court of Session dismissed.

UK Supreme Court 22 June 2016

ECJ Advocate General: Rental and lending rights in respect of books also apply to ebooks

The rental and lending rights in respect of books also applies to electronic books according to an Advocate General of the European Court of Justice.

21 June 2016

Council’s appeal against sheriff’s post-adoption contact order refused by Sheriff Appeal Court

A Scottish local authority that was granted a permanence order in respect of a child, but challenged a sheriff’s decision to order that contact take place between the boy and his father four times a year rather than two, has had its appeal refused in the first published civil case judgment of the Sheriff Appeal Court.

Sheriff Appeal Court 20 June 2016

Man succeeds to baronetcy granted by Charles II in landmark DNA case

A man who claimed entitlement to the Baronetcy of Stichill on the basis that DNA evidence put in doubt his rival’s claim has succeeded after the Board of the Judicial Committee of the Privy Council found in his favour.

Judicial Committee of the Privy Council 20 June 2016

Council awarded £3m payout from insurers over collapse of Scottish Coal Company

A Scottish council has won a £3 million legal dispute with an insurance firm over the collapse of the Scottish Coal Company.

Court of Session Outer House 17 June 2016

Trustee for ECN holders' appeal against £3.3bn redemption dismissed

A trustee company that sought to prevent a financial services group from redeeming enhanced capital notes has had its appeal dismissed by judges in theSupreme Court.

UK Supreme Court 16 June 2016

Farm apprentice who pled guilty to dangerous driving in tractor wins appeal against ‘excessive’ two-year ban

An agriculture apprentice who was banned from driving for two years after driving a tractor the wrong way along a one-way road in the course of his employment in a family farming business has successfully challenged the period of disqualification.

Sheriff Appeal Court 16 June 2016

‘Limbs in the Loch’ murderer fails in damages claim over opening of letters

The man found guilty of the “limbs in the loch” murder has had a claim for damages refused after his confidential correspondence was opened by prison officers.

Court of Session Outer House 15 June 2016

Supreme Court unanimously allows appeal of fingerprint officer dismissed over McKie scandal

The Supreme Court has unanimously allowed the appeal of an unfairly dismissed fingerprint officer involved in the McKie scandal, finding that the original Employment Tribunal’s (ET) interpretation of the relevant legislation leading to a reinstatement order was sound.

UK Supreme Court 15 June 2016

Luxembourg backs UK’s limit on migrants’ access to benefits

The Court of Justice of the European Union has ruled the UK’s policy requiring recipients of child benefit and child tax credit to have a right to reside in the UK, while indirectly discriminatory, is justified by the need to protect the finances of the host member state.

14 June 2016