Case archive

Man admonished for assaulting ex-wife given harsher sentence by Sheriff Appeal Court

A Crown appeal against the sentencing of a man convicted of assaulting his ex-wife has succeeded before the Criminal Division of the Sheriff Appeal Court, which has imposed a community payback order in place of the original sentence.

Sheriff Appeal Court 20 April 2021

Outer House judge orders proof in action by historic Aberdeen society seeking repayment of funds from members

A commercial judge in the Outer House of the Court of Session has allowed a proof in an action raised by a centuries-old Aberdeen society against five of its members to recover money said to have been wrongly paid to them.

Court of Session Outer House 19 April 2021

Edinburgh bus driver who hit cyclist loses tribunal appeal against dismissal from bus company

A former Edinburgh bus driver who lost his job after hitting a cyclist with his bus on Leith Walk has lost an Employment Tribunal appeal against his dismissal.

Employment Tribunal (Scotland) 16 April 2021

Former Ryanair pilot’s judicial review petition challenging HMRC statutory loan charge refused

An Irish airline pilot who was allegedly forced into self-employment and began using a payment scheme regarded by the tax authority as tax avoidance as a result has failed to challenge the effectiveness of a charge imposed on him for taxes on outstanding loans technically due by him under the scheme.

Court of Session Outer House 15 April 2021

Former tanning salon employee who suffered hearing loss from faulty alarm awarded over £240,000 in damages

A woman who required hearing aids after her ears were damaged by a faulty fire alarm at her workplace has been awarded over £241,000 by the All-Scotland Sheriff Personal Injury Court.

Sheriff Court 14 April 2021

High Court refuses extradition appeal by Bulgarian man wanted in Romania for driving without licence

The High Court of Justiciary has refused to grant leave of appeal against the decision of a sheriff to extradite a Bulgarian man to Romania in order to serve a prison sentence there for driving without a licence.

High Court of Justiciary 13 April 2021

Man charged with exposing himself to children on social media loses appeal against competency of charges

A man who was charged with offences under the Sexual Offences (Scotland) Act 2009 allegedly committed on online social media platforms has failed to challenge the competency of the three charges brought against him in an appeal under Section 174 of the Criminal Procedure (Scotland) Act 1995.

Sheriff Appeal Court 12 April 2021

Ex-civil partner of suddenly deceased woman allowed proof in respect of breach of contract claim

A woman who had contracted with her former civil partner, now deceased, to contribute towards the repayment of a mortgage on her home in exchange for acquiring joint title to the property has been allowed a proof before answer in respect of her case.

Sheriff Court 9 April 2021

North Lanarkshire man who distributed TV shows online banned from further infringing TV network’s copyright

A judge in the Outer House of the Court of Session has granted an interdict against a North Lanarkshire man preventing him from copying UK TV programmes and distributing them to internet users through various social platforms.

Court of Session Outer House 8 April 2021

Outer House judge finds Scottish Child Abuse Inquiry reporting restrictions 'unwise' but necessary

A petition by the BBC challenging the restrictions placed upon the reporting of an Employment Tribunal claim worth over £2 million against the Scottish Child Abuse Inquiry has been refused by the Outer House of the Court of Session.

Court of Session Outer House 7 April 2021

Full High Court bench rejects appeal by man convicted of rapes eight years apart

A bench of five judges in the Appeal Court of the High Court of Justiciary has refused an appeal against conviction by a man convicted of rapes occurring eight years apart from each other in a re-affirmation of the use of the Moorov doctrine in sexual offence cases.

Appeal Court of the High Court of Justiciary 6 April 2021

Supreme Court rules sale and leaseback of Aberdeenshire care home did not trigger VAT exemption claw-back

The Supreme Court has held that the sale and leaseback of an Aberdeenshire care home did not dispose of the seller’s entire interest in the property for the purposes of VAT legislation.

UK Supreme Court 1 April 2021

OLR prisoner’s judicial review petition challenging parole board release refusal decision fails

A prisoner who was sentenced to an Order for Lifelong Restriction in September 2008 and was refused release by a tribunal of the Parole Board for Scotland has been unsuccessful in petitioning for a judicial review of its decision.

Court of Session Outer House 31 March 2021

Full High Court bench finds nobile officium petition by rape complainer competent

A Full Bench of the Appeal Court of the High Court of Justiciary has determined that a nobile officium petition made by a complainer in a rape case after she was not notified of an application by the accused to lead evidence of their sexual history is competent under the doctrine. 

Appeal Court of the High Court of Justiciary 24 March 2021

Former UK ambassador held in contempt of court for Salmond case publications

A “new media” journalist who observed part of the trial diet in the prosecution of former First Minister Alex Salmond for various sexual offences has been found by the High Court of Justiciary to be in contempt of court for disclosing information that could lead to the identification of the complainers.

High Court of Justiciary 30 March 2021