A woman who was left permanently disabled after sustaining a “profound and irreversible” brain injury during her birth has had a late application to amend her claim against a health board refused.
Court of Session Outer House 21 December 2015
Golf club’s £500,000 damages claim over clubhouse fire caused by electric golf trolley dismissed after failing ‘proximity’ test
A golf club which sued the suppliers of an electric trolley after a “Motocaddy” caught fire and caused extensive damage to a clubhouse have had an action for more than £500,000 damages refused.
Court of Session Outer House 18 December 2015
Indian ‘overstayer’ who married British woman wins human rights appeal over decision to refuse application for leave to remain in UK
An Indian student who married a British woman has successfully challenged a decision to refuse his application for leave to remain in the UK as a spouse and to certify his human rights claim as “clearly unfounded”.
Court of Session Outer House 15 December 2015
Diary entries cannot provide corroboration of distress in rape cases, appeal court holds, in refusing ‘miscarriage of justice’ claim
A man found guilty of rape who claimed that the trial judge “misdirected” the jury when he said the complainer’s diary entry could provide evidence of her distress and thus corroboration of lack of her consent has had an appeal against conviction refused.
High Court of Justiciary 11 December 2015
Full bench overrules authority on breach of interdict review after ruling ‘ordinary civil appeal is competent’
A decision that a sheriff’s finding of contempt of court and subsequent sentence for breach of interdict were reviewable only by petition to the “nobile officium” has been overruled.
Court of Session Inner House 10 December 2015
Election Court refuses petition challenging election of Alistair Carmichael over alleged ‘illegal practice’
A petition challenging the election of Alistair Carmichael (pictured right) as Liberal Democrat MP for Orkney and Shetland has been refused after judges ruled it had not been proved beyond reasonable doubt that he had committed an “illegal practice”.
9 December 2015
Application for extension of time to lodge note of appeal refused over failure to show ground of appeal ‘would probably succeed’
An application by a man found guilty of a series of sexual offences against four children for an extension of time in which to lodge a note of appeal has been refused.
High Court of Justiciary 8 December 2015
Inner House allows appeal and orders different judge to hear case of alleged contempt of court in the course of commission and diligence
A judge’s decision not to make a finding of contempt of court against a company which allegedly failed to comply with court orders allowing the recovery of certain documents has been successfully challenged on appeal.
Court of Session Inner House 7 December 2015
The leader of a Glasgow-based organised criminal gang concerned in the acquisition, adulteration and onward supply of heroin to associates in Edinburgh, who was sentenced to more than 13 years imprisonment, has failed in an appeal to have his custodial term reduced.
High Court of Justiciary 4 December 2015
A gritting company which claimed Scotland’s transport agency breached public procurement law by failing to hold a competitive tendering process for purchasing de-icing salt during two of the country’s coldest winters on record has failed in an appeal to recover more than £3 million.
Court of Session Inner House 2 December 2015
‘Tartan Army’ trade mark infringement claim to proceed against company after judge rules sole director was not personally liable
An intellectual property infringement claim by the owners of the “Tartan Army” trade mark will only proceed against the company which publishes “The Famous Tartan Army Magazine” and offers other services using the mark, and not the sole director of the company.
Court of Session Outer House 1 December 2015
Judges rule Court of Session does not have jurisdiction to hear bank’s negligence claim against surveyors
A bank which raised an action for damages against a firm of surveyors over its valuation of a property after lending more than £2 million to a developer who was unable to repay the loan has been told that the Court of Session does not have jurisdiction to hear the dispute.
Court of Session Outer House 27 November 2015
Crown wins appeal against sentence imposed on rapist as Criminal Appeal Court criticises trial judge’s ‘controversial’ remarks about complainers
with the respondent in the “partner swapping” scene in Glasgow and Paisley and the sexual promiscuity indulged in at “swinging” parties.
High Court of Justiciary 27 November 2015
The UK government is not required to hold an inquiry into the killing of 24 Malayan villagers in 1948 by a British army patrol, despite the fact it may have been a war crime, because it occurred too long ago the Supreme Court has ruled.
UK Supreme Court 26 November 2015
Man who called German doctor a ‘Nazi b*****d’ fails in appeal against ‘threatening or abusive’ behaviour conviction
A hospital inpatient who called a German consultant physician a “Nazi b*****d” has had an appeal against his conviction for behaving in a “threatening or abusive manner” which was likely to cause a reasonable person to suffer “fear and alarm” refused.
High Court of Justiciary 25 November 2015