Case Reports

A man found guilty of rape who claimed that the advocate depute’s cross-examination and speech to the jury were so prejudicial that he did not receive a fair trial has had an appeal against his conviction refused – but appeal judges criticised the Crown Office over the way the prosecutor conduct

Appellant bulk importers have had their interlocutory appeal in a criminal case unanimously dismissed by justices in the Supreme Court who have ruled grey market goods are caught by the criminal offence in s.92(1) Trade Marks Act 1994. This is an interlocutory appeal in a criminal case in which the

According to Advocate General Wahl, a supplier of luxury goods may prohibit its authorised retailers from selling its products on third-party platforms such as Amazon or eBay. Such a prohibition, which seeks to preserve the luxury image of the products concerned, is not, under certain conditions, ca

A man who challenged a judge’s order granting authority to a Scottish council to bury the mummified remains of his parents has had his appeal dismissed. Melvyn Marcel delayed the burial of his mother Hilda and father Eugenios and stored their bodies until he could build a mausoleum in the grounds

A divorcee who disputed the interpretation of a factor in a formula governing the valuation of a person’s rights or interests in a pension arrangement has had her appeal unanimously allowed but justices in the Supreme Court. Mr McDonald (the respondent) worked as a miner for British Coal. He joine

Two professional pianists who claimed they entered into a partnership with an IT expert with a view to creating gay social network applications for profit have had their appeal rejected. The Inner House of the Court of Session upheld a ruling by the Lord Ordinary to the effect that while the parties

A sheriff’s decision to sustain a plea in bar of trial based upon the “entrapment” by police of a teacher accused of seeking to engage in sexual activity with a child has been upheld after appeal judges refused an appeal by the Crown. The Appeal Court of the High Court of Justiciary ruled that

An order requiring employment tribunal claimants to pay a fee in order to bring a claim has been declared unlawful under both domestic and EU law as it prevents access to justice, the Supreme Court has ruled. Parliament has conferred statutory rights on employees, including through legislation givin

The burden of proof establishing that a proposed marriage is one of convenience falls on the Secretary of State, justices in the Supreme Court have ruled. An EU citizen with a permanent right of residence in a host member state may have that right removed ‘in the case of abuse of rights or fraud,

A prisoner found guilty of assaulting a fellow inmate has had an appeal against his conviction refused after claiming the sheriff misdirected the jury over accused’s silence in response to the accusation that he carried out the attack. The Appeal Court of the High Court of Justiciary rejected the

A law firm which claimed that a former client had waived his right to bring a damages action against them after the expiry of the three-year time bar had its appeal refused. The Inner House of the Court of Session upheld a decision of the Lord Ordinary, who rejected the firm’s argument that the te

A Latvian man convicted of shooting a police officer in the head with a pellet gun who challenged a decision by the Home Secretary to remove him from the UK on the basis that he had lived in the country for more than ten years has had his appeal against the deportation order dismissed. The Inner Hou

A man found guilty of being involved in serious organised crime who claimed he was denied a fair trial because the Crown accepted a plea from one of the co-accused in the presence of the jury has had an application for permission to appeal to the UK Supreme Court refused. Michael Stuart claimed that

A woman who was assaulted by her mother when she was a baby has failed in an appeal against a decision to refuse her claim for criminal injuries compensation. The Inner House of the Court of Session held that it was within the Government’s discretion for “socio-economic policy” reasons not to

A Scots lawyer whose firm overcharged clients and took fees to which it was not entitled has been struck off the solicitors’ roll. Alison Greer, 51, a cashroom partner in the firm, was found guilty of professional misconduct by the Scottish Solicitors’ Discipline Tribunal (SSDT) over a course of