Case archive



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

Witness who failed to attend court after accompanying son to hospital has contempt of court finding quashed

A witness who failed to attend court after his son was rushed to hospital following an accident has had a finding of contempt of court quashed.

High Court of Justiciary 24 November 2015

‘Stick it up your a***’: Judges refuse appeal against ‘threatening or abusive’ behaviour conviction

A motorist who shouted “stick it up your arse” to a parking attendant who had given him penalty charge notice has failed in an appeal against conviction for behaving in a “threatening or abusive manner” which was likely to cause a reasonable person to suffer “fear and alarm”.

High Court of Justiciary 23 November 2015

Man convicted of rape has custodial term increased after Crown appeals ‘unduly lenient’ sentence

A man who raped a 14-year-old girl while her mother was in the next room has had his prison term increased following a Crown appeal against sentence.

High Court of Justiciary 20 November 2015

GQ magazine publisher in contempt of court over ‘seriously prejudicial’ article on phone-hacking trial

The publisher of GQ magazine has been found in contempt of court over a “seriously prejudicial” article on the phone-hacking trial.

England and Wales High Court 19 November 2015

Immigration rules do not fall foul of article 8 but guidance on them may be overly restrictive rules Supreme Court

. He was sympathetic to the proposed declaration relating to the Guidance but agreed that it would be wrong to make it without considering further submissions.

UK Supreme Court 19 November 2015

English council fails in challenge to Scottish Ministers’ decision over care home resident’s ‘ordinary residence’

An English local authority that challenged a decision which meant the costs of providing accommodation for an elderly care home resident who moved north of the border could be recovered from the council has had a petition for judicial review refused.

Court of Session Outer House 18 November 2015

Pedestrian struck by van to be awarded damages but liability apportioned on a 50-50 basis

A pedestrian who sought reparation after being injured in a road traffic accident is to be awarded damages after a judge in the Court of Session ruled that the driver of a van which knocked her down was “negligent”.

Court of Session Outer House 17 November 2015

Variation of CPO following expiry of order was not ‘incompetent’, appeal court rules

ry applications. Such applications could prove to have been unnecessary. For the legislature to have intended to impose such a regime seems absurd.

High Court of Justiciary 16 November 2015

German courts violated man's right to be presumed innocent

A man who complained German courts violated his article 6 right to be presumed innocent after they revoked the suspension of a sentence previously imposed on him has won his appeal at the European Court of Human Rights (ECtHR).

European Court of Human Rights 13 November 2015

Damages claim by relatives of asbestos victim dismissed as ‘irrelevant’

The relatives of a mechanical fitter who died as a result of exposure to asbestos have had an action for damages against his former employers for alleged wrongdoings that occurred in England dismissed as “irrelevant” by a judge in the Court of Session.

Court of Session Outer House 13 November 2015

German courts violated man's right to be presumed innocent

A man who complained German courts violated his article 6 right to be presumed innocent after they revoked the suspension of a sentence previously imposed on him has won his appeal at the European Court of Human Rights (ECtHR).

European Court of Human Rights 13 November 2015

Man who assaulted police officer with a sword fails in ‘self-defence’ appeal

A man who attacked a police officer with a sword and told another to “f*ck off” as he brandished the weapon has failed in an appeal against conviction.

High Court of Justiciary 12 November 2015

French magazine which revealed prince's illegitimate son wins article 10 case at Strasbourg

A French magazine which revealed that Prince Albert of Monaco had an illegitimate son has won an article 10 appeal to theEuropean Court of Human Rights (ECtHR) on the basis the report struck at the prince's public function which trumped his article 8 right to privacy.

European Court of Human Rights 12 November 2015

Woman found guilty of brandishing broken bottle in ‘self defence’ wins ‘reasonable excuse’ appeal

of or fear of future violence would not constitute a reasonable excuse. However matters would be different where a person took possession of a weapon during an incident where he or she was under attack, for the purpose of preventing or discouraging further violence.

High Court of Justiciary 11 November 2015