Case Reports

The High Court of Justiciary Appeal Court has published a decision in which it refused an appeal by former Rangers owner Craig Whyte to have the fraud charge against him in relation to his takeover of the club dropped prior to the start of his trial. It was argued that a previous ruling which define

Rangers Football Club were not required to pay the costs of a former chief executive’s defence to criminal proceedings brought against him, appeal judges ruled. The Inner House of the Court of Session upheld a decision of the Lord Ordinary, who ruled that Rangers International Football Club plc we

Advocate General Sharpston has clarified the criteria for determining an "emanation of the state" for the purposes of establishing the bodies against which an individual may bring a claim based on rights under an EU directive which has not been transposed correctly into national law. The concept of

A motorist who claimed more than £180,000 in damages following a relatively minor collision in which a car reversed into his vehicle while parked at a petrol station has been awarded just a fraction of that amount. Grant Grubb raised a personal injury action seeking £182,880 after John Finlay admi

A soldier found guilty of threatening the “mass murder” of Muslims after claiming he was “unable by reason of mental disorder to appreciate the nature or wrongfulness of the conduct” has had an appeal against his conviction rejected. Scott Mackay argued that the sheriff “misdirected” the

Two drug dealers convicted of being concerned in supply of drugs with a street value of some £400,000 have had their prison sentences reduced following an appeal. The Criminal Appeal Court ruled that the sentences imposed on Gary Corkindale and Alexander Connelly were “excessive” and substitute

Legislation in Russia banning the promotion of homosexuality breaches freedom of expression and is discriminatory, the European Court of Human Rights has ruled. Three gay rights activists complained about legislation in Russia banning the promotion of homosexuality, also known as the “gay propagan

A Chinese asylum seeker whose application was refused has successfully challenged the Home Secretary’s decision to refuse to treat further submissions in a human rights claim as a “fresh claim” after a judge ruled that the wrong legal test had been applied. The further submissions were based u

Making available and managing an online platform for sharing copyright-protected works, such as ‘The Pirate Bay’, may constitute an infringement of copyright because the operators of that platform play an essential role in making those works available, the Court of Justice of the European Union

A man found guilty of brandishing a knife at two men who came after him with nunchuks and a baton has failed in an appeal against his conviction after claiming the non-availability of CCTV evidence resulted in an “unfair” trial. The Criminal Appeal Court ruled that there was no “miscarriage of

A disabled woman who converted a bedroom in her rented housing association property into a second living room so she could have a living space separate from her carers was still liable for the higher rate of the so-called “bedroom tax”, appeal judges have ruled. The Inner House of the Court of S

A party litigant who argued that a solicitors’ firm instructed by the other party should be barred from acting because one of its consultants had previously represented her while working as a partner in a firm which merged with the opponent’s firm has her claim dismissed. By a majority of two-to

A woman who challenged the legality of differential treatment of Northern Ireland residents who are not able to undergo an abortion free-of-charge under the NHS in England, has had her appeal to the Supreme Court dismissed by a 3:2 majority. Delivering the leading majority judgment of the Court, Lor

The Scottish Legal Complaints Commission (SLCC) does have the power to re-categorise certain complaints which it had previously classified as “hybrid” complaints involving both a lawyer’s conduct and the services provided. By a majority of two-to-one, judges in the Inner House of the Court of

A warrant authorising the police to enter the offices of a London law firm and to take possession of documents relating to the “acquisition, running, administration and disposal of the assets” of Rangers Football Club was suspended after appeal judges ruled that its terms were “oppressive”.