Case Reports

A provision in criminal proceedings which allows a party to serve a statement of uncontroversial evidence (SUE) on the other party is available in extradition proceedings, a sheriff has ruled. Sheriff Nigel Ross held that the procedure outlined in section 258 of the Criminal Procedure (Scotland) Act

A Scottish woman who was struck by a motorcyclist after an afternoon of drinking in a pub while on holiday in Spain will have any damages awarded to her reduced after she was found to have “materially contributed” to the accident. A sheriff in the All-Scotland Sheriff Personal Injury Court ruled

A child abuse victim who is suing a victim support charity over its handling of his claim for criminal injuries compensation has been granted a proof before answer in his £100,000 damages action. A sheriff ruled that the charity owed the victim a “duty to exercise reasonable skill and care” in

A panel which regulates company takeovers has been granted a court order requiring the chairman of Rangers Football Club to make an offer for all the issued ordinary share capital of Rangers International Football Club Plc not already controlled by him. A judge in the Court of Session found in favou

A Scottish bus driver facing extradition to Dubai to serve a sentence of 12 months’ imprisonment following his conviction of crimes of dishonesty has successfully challenged a bid to remove him to the United Arab Emirates after he argued that his human rights would be breached. Garnet Black, 64, f

The written answers submitted at a professional examination and any comments of the examiner with respect to those answers constitute a candidate’s personal data to which he has, in principle, a right of access, the Court of Justice of the European Union (CJEU) has ruled. To give a candidate that

An apprentice thermal insulation engineer who is suing his employer following an accident at work will have his case heard by a jury after a judge rejected the company’s claim that the £2 million damages action was too complex. A judge in the Court of Session was not persuaded that “special cau

Scottish courts have an “inherent power” to depart from the principle of open justice and make an order for anonymity to prohibit publication of and to protect the identity of alleged victims of extortion, appeal judges have confirmed. The judges ruled that the complainer’s “right to privacy

A “prominent figure” in the pipe band world who was found guilty of “sexting” a drumming student has had an appeal against his conviction refused. John Moneagle, 59, was convicted of “behaving in a threatening or abusive manner likely to cause a reasonable person to suffer fear or alarm”

A man convicted of murder and embezzlement has been made the subject of a confiscation order after a High Court judge ruled that he had made almost £120,000 as a result of his “criminal lifestyle”. Colin Coates, who was sentenced to life imprisonment with a punishment part of 33 years after bei

A decision may not be adopted to expel a third-country national who is a long-term resident for the sole reason that he or she has been sentenced to a term of imprisonment of more than one year, the Court of Justice of the European Union has ruled. A Colombian national, who was granted a long-term r

A labourer who sued his former employers after developing post traumatic stress disorder following a fire at a power station from which he had to be rescued has had an appeal in his action for damages dismissed. The Inner House of the Court of Session upheld the decision of the Lord Ordinary to refu

A motorist who was found guilty of driving while using a mobile phone after he was seen by two police officers has had an appeal against his conviction rejected. The appellant claimed that the evidence of two police witnesses was “insufficient” to prove that an offence had been committed, but th

A scaffolder who was sentenced to 12 months’ imprisonment after pleading guilty to having a kitchen knife in his car which was found following a police search has successfully appealed against his sentence. A sheriff had rejected the accused’s plea in mitigation that the knife was used as “wor

A supplier of luxury goods can prohibit its authorised distributors from selling those goods on a third-party internet platform such as Amazon and this does not, in principle, go beyond what is necessary to preserve the luxury image of the goods. Coty Germany sells luxury cosmetic goods in Germany.