Case archive

Crown not obliged to investigate special defence of incrimination or disclose incriminee’s details, appeal court rules

A man found guilty of being concerned in the supply of cocaine who lodged a special defence of incrimination which he later had to withdraw due to a lack of evidence to support it has failed in an appeal against conviction after claiming that prosecutors failed in their duty to disclose information relating to the incriminee.

High Court of Justiciary 1 April 2016

UK's failure to prosecute over fatal De Menezes shooting did not violate article 2

The European Court of Human Rights (ECtHR) has ruled 13-4 that there was no violation of article 2, the right to life - investigation, of the European Convention on Human Rights, regarding the UK's failure to prosecute anyone after police fatally shot Jean Charles de Menezes, a Brazilian national mistaken for a suicide bomber, in the wake of 7/7.

31 March 2016

‘Limbs in the Loch’ killer William Beggs fails in appeal against decision to refuse FOI request for information relating to police murder inquiry

The man convicted of the “limbs in the loch” murder has had an appeal against a decision of the Scottish Information Commissioner concerning a freedom of information request he made to the former Strathclyde Police over its handling of the murder inquiry refused.

Court of Session Inner House 31 March 2016

Cyclist injured in fall from bike due to road ‘hazard’ awarded damages after suing council for ‘negligence’

A cyclist who was injured after being “catapulted” over his bike when the front wheel hit a metal strip in the road has successfully sued a Scottish council after a judge ruled that the roads authority was liable.

Court of Session Outer House 30 March 2016

World’s End murderer Angus Sinclair fails in appeal against ‘excessive’ sentence

The man found guilty of the “World’s End” murders has had his appeal against sentence refused.

29 March 2016

Man who assaulted and robbed beggar loses appeal against conviction

A man found guilty of assaulting and robbing a homeless person who claimed that the sheriff erred in repelling a “no case to answer” submission and that the sheriff “misdirected” the jury has failed in an appeal against conviction.

High Court of Justiciary 24 March 2016

Sheriff who refused to grant adjournment in part-heard assault trial failed to properly consider prejudice to Crown, Appeal Court rules

A man accused of assault and a statutory breach of the peace who was acquitted after a sheriff refused to grant a further adjournment in a part-heard trial will now have to face the charges after the Crown successfully challenged the decision.

Sheriff Appeal Court 23 March 2016

‘Good arguable case’ for proceeds of crime recovery does not require ‘good prospect of success’

A “good arguable case” for the purposes of proceeds of crime proceedings in which an enforcement authority is seeking the civil recovery of property obtained through “unlawful conduct” is not necessarily one which has a “good prospect of succeeding”, appeal judges have ruled.

Court of Session Inner House 22 March 2016

Restaurant assistant who fell in kitchen has damages action dismissed after failing to prove claim he slipped on onion

A garden centre cafe employee who was injured at work after falling in the kitchen has had an action for damages dismissed after failing to prove his claim that he slipped on an onion.

Court of Session Outer House 18 March 2016

ECJ explains correct interpretation of Dublin III Regulation

The Court of Justice of the European Union (CJEU) has ruled* the Dublin III Regulation allows member states to send an applicant for international protection to a safe third country, irrespective of whether it is the member state responsible for processing the application or another member state.

European Court of Justice 17 March 2016

Shetland ferry operator’s £12m damages claim against Scottish Ministers dismissed

A ferry operator that sued the Scottish Government after it unsuccessfully bid for a contract to provide services between the Northern Isles and mainland Scotland has failed in a £12 million damages action.

Court of Session Outer House 17 March 2016

Luxembourg court dismisses Body Shop’s community trade mark appeal

The European Court of Justice has dismissed an action by The Body Shop to have a decision of the Office for Harmonisation in the Internal Market (OHIM) to reject its application for registration of the trade mark “SPA WISDOM” annulled.

European Court of Justice 16 March 2016

Inner House publishes reasons for refusing David Gilroy’s FOI appeal for CCTV images from murder investigation

The Inner House of the Court of Session has published its reasons for refusing an appeal by a man found guilty of murder against a decision to refuse his freedom of information request for CCTV images which he claims “undermine his conviction”.

Court of Session Inner House 16 March 2016

Appeal judges overturn sheriff’s ruling that paying for private schooling of disabled 18-year-old was a ‘reasonable adjustment’

A young person with autism who was granted decree against a local authority to pay for a further year of his education at a private school for pupils with special educational needs after he turned 18 has seen the decision overturned on appeal.

Court of Session Inner House 14 March 2016

Supreme Court allows HMRC appeal against scheme to avoid tax on bankers’ bonuses

The Supreme Court has ruled that bonuses awarded by banks to employees in the form of redeemable shares in offshore companies, in order to take advantage of ITEPA provisions, should be treated – for income tax purposes – as if they had been paid in cash.

UK Supreme Court 10 March 2016