Case Reports

A Reporter for the Scottish Ministers was found to have erred in law by accepting without question the findings of the planning authority regarding the quantity of effective housing land supply in the area. The Inner House of the Court of Session quashed the Reporter’s decision to refuse an ap

An employer which was found to have “victimised” a former employee after sifting out her application for a job has successfully challenged a tribunal’s decision to uphold her claim, after the employment judge “fell fully asleep not once but twice” during the hearing. Th

A short-term prisoner who claimed that a decision not to release him on a home detention curfew licence breached his human rights has had an action for £10,000 damages dismissed. Thomas Scott sued the Scottish Ministers, claiming that his continued imprisonment following a Parole Boa

The Crown has successfully appealed against a trial judge’s decision to sustain a “no case to answer” submission by a man accused of the abduction, assault and rape of his partner, who had given evidence that she “consented” to sex “but just to calm him down&rdquo

Appeal judges have criticised a sheriff’s decision to allow the removal of a screen behind which a domestic abuse victim had given evidence against her former partner in order for a dock identification to take place. Vulnerable witnesses are entitled to give their evidence from behind a screen

Prosecutors have successfully appealed against a sheriff’s decision to acquit a landlord accused of racially aggravated harassment after he called a tenant a “f*cking black bastard”. The sheriff acquitted the respondent because the Crown failed to lead any evidence to sho

Prosecutors have successfully challenged a judge’s decision to uphold a “no case to answer” submission made during a rape trial. The trial judge held that the Crown could not prove by corroborated evidence that the complainer had been asleep during the act of intercourse,

A mental health nurse who was struck-off has had an application to appeal against the decision rejected because it was lodged six days after the expiry of the statutory time limit. The Inner House of the Court of Session refused to allow the case to proceed despite the “relatively sh

News publishers who appealed over articles defamatory of a man in respect of his behaviour towards his former wife have had their appeal dismissed by justices in the Supreme Court on the basis the “serious harm” test was satisfied. The Supreme Court unanimously dismissed the appeal,

A man found guilty of two charges of rape who claimed that the trial judge “distracted” the jury by giving an “inappropriate and unnecessary” direction on the issue of reasonable belief of consent has had an appeal against his convicted rejected. The Appeal Court of the

A solicitor who claimed that a series of complaints made against her should have been rejected as “totally without merit” or “vexatious” has successfully appealed against decisions by the Scottish Legal Complaints Commission to remit the claims to the Law Society of

A British citizen wanted by authorities in Taiwan to serve a prison sentence after he was found guilty of negligent manslaughter following a drink-driving accident has successfully appealed against an order for his extradition. Zain Dean was sentenced to four years’ imprisonment after bei

A man found guilty of an armed robbery committed while wearing a Mexican wrestling mask who claimed he suffered a “miscarriage of justice” as a result of the advocate depute’s speech to the jury on the forensic evidence has had his appeal against conviction rejected. Scott Fowler&n

The Crown has successfully challenged the sentence of detention in a young offenders’ institution imposed on a 16-year-old boy convicted of sex offences. The High Court of Justiciary Appeal Court upheld the Lord Advocate’s submission, which was adopted by the responde

A man accused of inducing a 14-year-old American girl to send him naked pictures of herself and enticing her to carry out sexual acts over the internet will not be extradited from Scotland to the United States. The Extradition Court in Edinburgh ruled that the extradition of the “req