Case archive

Ex-music teacher loses appeal against conviction for historic sex offence

An ex-music teacher who was convicted of historic sex crimes against his former students has had an appeal against conviction and sentence refused.

Appeal Court of the High Court of Justiciary 14 August 2019

Prisoner who applied for early release on ground of previously successful curfew has judicial review petition refused

A short-term prisoner who was refused early release under Home Detention Curfew (HDC) under the Prisoners and Criminal Proceedings (Scotland) Act 1993 has had his petition against the decision rejected.

Court of Session Outer House 13 August 2019

Man convicted of carrying a machete in woodland loses appeal against conviction

A man who was found carrying a machete in a Cambuslang woodland has had his appeal against conviction for carrying an offensive weapon in public without a reasonable excuse refused.

Appeal Court of the High Court of Justiciary 12 August 2019

Landlord who failed to pay tenancy deposit into approved scheme for four years unsuccessful in appeal

A landlord who failed to pay a tenancy deposit into an approved deposit scheme until four years into the tenancy has been unsuccessful in challenging a payment order.

Upper Tribunal for Scotland 9 August 2019

Solicitor not negligent in failing to seek warranty from the seller of a petrol station

A couple who claimed their company’s solicitor had been negligent in his conduct during a purchase transaction have failed to establish negligence.

Court of Session Outer House 8 August 2019

Sheriff did not err in law in finding child’s evidence of parental sex abuse ‘not trustworthy’

A woman who appealed the granting of a contact order on the grounds that the sheriff had not ascribed appropriate weight to child evidence in light of expert evidence has had her appeal refused.

Sheriff Appeal Court 7 August 2019

Mother of girl with selective mutism unsuccessful in obtaining order to relocate her to Germany

The mother of a child with selective mutism has been unsuccessful in establishing that it would be in the child’s best interests to relocate to her native Germany and have that be the child's principal residence.

Sheriff Court 6 August 2019

Double rapist who claimed ‘mutual corroboration’ could not apply loses appeal against conviction

A man found guilty of the rape of two former partners on the basis of the principle of “mutual corroboration” has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary 6 August 2019

Councillor suspended for making inappropriate remarks to man seeking renewal of licence has appeal against suspension refused

A councillor suspended for making inappropriate remarks to a man seeking to renew his taxi licence has had his appeal against suspension refused by a court, in a case providing that when acting in a quasi-judicial capacity the enhanced protection afforded politicians to make political comment, under the European Convention on Human Rights, is less likely to be engaged.

Sheriff Court 2 August 2019

Motorist who filmed crash scene on phone wins appeal against conviction for driving while using mobile

A motorist who was found guilty of driving while using a mobile phone after filming the aftermath of a road traffic accident from behind the wheel of his van has seen a decision to quash his conviction upheld following an appeal.

England and Wales High Court 1 August 2019

Crofting couple’s damages claim for neighbours’ bull’s impregnation of pedigree cow dismissed

A Hebridean crofting couple who raised an action for damages after a neighbours’ bull strayed onto their land and impregnated their pedigree cow have had their claim dismissed.

Sheriff Court 31 July 2019

Homeowner wins appeal over bank’s ‘invalid service’ of calling-up notice on property

A homeowner who was unable to maintain his monthly mortgage payments has successfully challenged his lender’s bid to repossess the property after appealing against a sheriff’s decision that the bank had validly served a calling-up notice.

Sheriff Appeal Court 30 July 2019

UK Supreme Court dismisses HMRC appeal on VAT repayment for EU farm subsidy purchase

A Scottish farming business is entitled to repayment of VAT paid in purchasing entitlements to an EU farm subsidy, the UK Supreme Court has ruled.

UK Supreme Court 29 July 2019

Indian overstayer successfully challenges decision to reject leave to remain application

An Indian man whose application for leave to remain in the UK based on his marriage to a British woman was refused has successfully challenged the decision.

Court of Session Outer House 26 July 2019

Revenue Scotland fails in appeal against decision to quash penalties for LBTT late return

Penalties imposed by Revenue Scotland (RS) over the late filing of a land and buildings transaction tax (LBTT) return have been quashed after the tax agency failed to produce evidence that it had taken a decision to impose the penalties, as required by legislation.

Upper Tribunal for Scotland 25 July 2019