A Turkish national who was seeking leave to remain in the UK as the spouse of his Scottish wife has successfully appealed against the decision to refuse his application. The Inner House of the Court of Session ruled that the First-tier Tribunal failed to make findings in fact about the app
Case Reports
A judge should not become a party litigant’s law agent and advise on procedural matters when dealing with applications to appeal, the Court of Session has ruled. The First Division made the observation in refusing an appeal by a builder who was seeking to challenge a sheriff’s
A father who bought a show-jumping pony for his daughter but later sued the seller after claiming that the gelding was taller than advertised has had a court ruling in his favour overturned following an appeal. Richard Mawson raised an action for “breach of contract” and “misrepres
A man found guilty of attempted murder after fire-bombing two houses in a revenge attack following an assault on his younger brother has had an appeal against conviction rejected. Naveed Iqbal, who originally faced trial along with three others, was sentenced to 16 years’ imprisonment for inst
A family has been awarded £100,000 damages following a fatal road traffic accident involving a supermarket delivery van and an fuel tanker near their home which resulted in the lorry crashing into their garden and spilling thousands of gallons of aviation fuel. Morag McKenzie, her daughter, an
A homeless man who was evicted for rent arrears has successfully argued that a decision to the effect that he was “intentionally homeless” was “unlawful” - but his legal challenge was dismissed because he raised the action against the wrong party. A judge in the Court of
A man found guilty of driving his car at a cyclist who had stolen his girlfriend’s bike and causing him severe injury before punching the thief’s friend has had his conviction quashed following an appeal. The High Court of Justiciary Appeal Court ruled that there had been a &ld
A claim made by a woman on behalf of her son against a marine vessel operator following the death of his father was not time-barred under the Athens Convention, justices in the Supreme Court have unanimously ruled, dismissing the appeal of the company. Lord Hodge gives the sole judgment with which L
Man granted contact order with daughters and divorce from wife who falsely accused him of raping her
A man whose wife made a false rape allegation against him and moved away with their children has been granted a divorce and a contact order in a case in which the sheriff found the children's negative views of their father were not independently formed and that the mother's witnesses,
A man found guilty of repeatedly exposing himself and masturbating in view of his next door neighbour has partially succeeded in an appeal due to a lack of corroboration. Ricky Taylor was given a restriction of liberty order and a community payback order with a period of supervision after being
A woman found guilty of attempted murder who claimed that the trial judge misdirected the jury by failing to give directions on provocation has had her appeal against conviction rejected. The Appeal Court of the High Court of Justiciary ruled that, where the accused's defence was that she
The Supreme Court has ruled a bakery's refusal to supply a cake iced with the message ‘Support Gay Marriage’ was not discriminatory on the grounds of sexual orientation, as the refusal was based on the message and not to any particular person. The court also held that the
Two teenagers who were given custodial sentences after one pled guilty to behaving in a threatening and abusive manner and the other admitted a charge of assault have had their appeals against the sentences imposed rejected. The appellants claimed that the sheriff failed to properly take into accoun
A former St Andrews university student who claimed she was raped by a man during a drunken night out has successfully sued him for £80,000 in damages after raising a civil action. Stephen Coxen, 23, was acquitted after a High Court trial when a jury found the charge “not proven”, b