Case archive

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

Lorry driver loses appeal against conviction for dangerous driving and statutory breach of the peace

A lorry driver found guilty of dangerous driving and behaving in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm, who claimed that a sheriff erred in repelling a “no case to answer” submission, had an appeal against conviction refused.

High Court of Justiciary 2 February 2016

Judge grants reduction of disposition as couple’s occupation of property was ‘an act of possession’ by title holder

An executor of an estate has been granted reduction of a disposition in favour of a couple who claimed they regarded a residential property in which they had been living as their home.

Court of Session Outer House 1 February 2016

Deeds signed by woman disposing of properties reduced on grounds of ‘facility and circumvention’ and ‘undue influence’ of sons

The son of a woman who signed deeds disposing of three properties to her other two sons has been granted decrees of reduction on the grounds of “facility and circumvention” and by “undue influence” exercised over his late mother by his brothers.

Court of Session Outer House 29 January 2016

Scots legal firm successfully challenges SLCC decision to dismiss complaint against lawyer over scope of solicitor’s duty

A Scots law firm whose complaint to the legal complaints watchdog about the conduct of a solicitor from another firm was ruled ineligible has successfully appealed against the decision.

Court of Session Inner House 28 January 2016

Al-Qaida affiliated Egyptian national subject to asset freeze loses appeal to Supreme Court

An Egyptian national who appealed against a decision of the Secretary of State for Foreign and Commonwealth Affairs, made in agreement with a UN committee, to freeze his assets because he was associated with Al-Qaida has had his appeal unanimously dismissed by the Supreme Court.

UK Supreme Court 27 January 2016

Crown wins appeal against ‘unduly lenient’ sentence imposed on man who attempted to conspire to sexually abuse three-year-old girl

The Crown has successfully challenged the sentence imposed on a man who pled guilty to attempting to conspire to rape and sexually assault a young girl and to take indecent photographs of her.

High Court of Justiciary 27 January 2016