Case archive

Judge rules company failed to serve valid notice of claim as parties ‘did not intend to allow deviation from provisions on service’

A company which bought a whisky distillers and sought to intimate a £500,000 claim against the sellers has had its damages action rejected after it failed to serve a valid notice.

Court of Session Outer House 29 February 2016

Solicitor for borrower owed duty of care to lender for 'negligent misstatement', appeal judges rule

A bank which granted a loan to company for the purchase of four commercial units but due to a solicitor’s “negligent misstatement” discharged the entire security when it ought to have been left in place in relation to two of the units is entitled to damages, appeal judges have ruled.

Court of Session Inner House 24 February 2016

Crown’s ‘double jeopardy’ application to retry Francis Auld for murder of Amanda Duffy refused

A Crown application to prosecute anew a man acquitted of murder nearly 25 years ago has been refused.

High Court of Justiciary 22 February 2016

Lord Advocate’s prosecution policy on assisted suicide is ‘in accordance with law’

The failure by the Lord Advocate to adopt and publish a policy identifying the facts and circumstances which he will take into account in deciding whether or not to authorise the prosecution in Scotland of a person who assists another to commit suicide does not breach human rights law, appeal judges have ruled.

Court of Session Inner House 19 February 2016

Minister wins appeal against sexual assault convictions after sheriff’s ‘misdirection’ on hearsay evidence

A minister who was found guilty of sexual assault charges has successfully appealed against his conviction after appeal judges ruled that the trial judge had “misdirected” the jury.

High Court of Justiciary 18 February 2016

Company’s VAT repayment from HMRC liable to corporation tax Supreme Court rules

The Supreme Court has ruled a company’s VAT repayments, made after it overpaid VAT, are liable to corporation tax.

UK Supreme Court 17 February 2016

Fruit and veg growers entitled to damages following de-recognition from aid scheme in breach of EU law

A group of fruit and vegetable growers from Angus are entitled to reparation for the “loss and damage” incurred as a result of the withdrawal of recognition of their producer association for an EU financial aid scheme, a Court of Session judge has ruled.

Court of Session Outer House 17 February 2016

Sheriff’s refusal to impose ‘risk of sexual harm order’ on gymnastics coach was ‘flawed’

A gymnastics coach has been made the subject of an interim “risk of sexual harm order” after the police successfully challenged a sheriff’s decision to refuse to make the order.

Sheriff Court 11 February 2016

Application for leave to appeal against decision of SLCC refused as ‘out of time’

An application for leave to appeal against a decision of the Scottish Legal Complaints Commission to refuse a complaint as “totally without merit” has been refused.

Court of Session Inner House 10 February 2016

Supreme Court unanimously allows appeal against Extra Division ruling from employee who fell at work

A home carer who was injured after she slipped and fell in icy conditions en route to a client has won her appeal to the Supreme Court based on the admissibility of the evidence of an expert witness and whether the respondents had been in breach of their statutory duties or negligent.

UK Supreme Court 10 February 2016

Man facing drugs charges in Spain has appeal against ‘unjust’ extradition refused

A man accused of drug dealing in Spain who challenged a sheriff’s decision to order his extradition has had his appeal refused.

High Court of Justiciary 9 February 2016

Fines to be paid over 92 weeks for driving without licence and insurance were ‘excessive’, Sheriff Appeal Court rules

An unemployed motorist who was fined a total of £460 to be paid over 92 weeks after admitting driving without a licence and without insurance has successfully challenged the penalties imposed.

Sheriff Appeal Court 8 February 2016

Man who exchanged ‘sick jokes’ on Facebook wins appeal against registration as sex offender

A man who exchanged a number of “grossly offensive” and “indecent” jokes with a friend on a social networking site about the death of a child and made sexual remarks about children has successfully appealed to have his name removed from the sex offenders’ register.

High Court of Justiciary 5 February 2016

Scottish council’s decision to ban snack vans from operating near schools was ‘ultra vires’, sheriff rules

The judgment in a case in which snack van operators successfully challenged a Scottish local authority ban which prevented them from trading near schools has been published.

Sheriff Court 4 February 2016

Man's rape convictions quashed following trial judge's misdirection of jury

A man jailed for eight years for the rape of two women has had his convictions quashed after Appeal Court judges ruled he suffered a miscarriage of justice.

High Court of Justiciary 3 February 2016