Case archive

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

Man who was wrongly convicted of murder fails in legal bid for compensation

A man found guilty of murder whose conviction was later quashed following a successful appeal has had a legal bid for compensation for the years he spent in prison refused for a third time.

Court of Session Outer House 10 March 2016

Supreme Court dismisses CRD infringement claim in ride-on suitcases battle

The Supreme Court has dismissed the appeal of a company which claimed a rival had infringed its design of a ride-on suitcase for children, affirming criticisms made by the Court of Appeal that the Community Registered Design (CRD) for the product was not simply a claim for a suitcase shape but for an animal with horns; that the absence of decoration reinforced the horned animal impression and that the CRD claimed a shape of two contrasting colours.

UK Supreme Court 9 March 2016

Disposition reduced as deceased ‘did not have the necessary capacity’

The niece of a woman who signed a deed disponing of her family home to other members of the family has been granted decree of reduction on the grounds that her aunt was “incapax” at the relevant date.

Court of Session Outer House 9 March 2016