Case Reports

Two oil and gas exploration companies who are seeking judicial review of the Scottish Government’s decision to ban “fracking” in Scotland have been granted permission to proceed with their legal challenge. A judge in the Court of Session ruled that the application brought by Ineos Upstream Lim

A man who claimed that both a house and the land on which it was built should not be considered “matrimonial property” after his wife raised an action for divorce has had his appeal dismissed. A sheriff had ruled that the land on which the house had been built was not matrimonial property while

A former part-time sheriff who experienced “despair, distrust and desolation” following the breakdown of his marriage has been given three months to allow him and his ex-wife to reach an agreement over their finances after she was granted a divorce without him knowing about it. Raj Jandoo, who r

A convicted murderer who sought legal aid for a UK Supreme Court appeal against a ruling upholding a decision by the Scottish Information Commission to refuse to order the release of CCTV footage he believes will help prove his innocence has had his claim for state funding refused. “Limbs in the l

A man found guilty of domestic abuse offences despite his former partner denying that she had been assaulted has had an appeal against his conviction dismissed. The appellant claimed that the sheriff erred in repelling a defence submission of “no case to answer”, but the Appeal Court of the High

A married couple who challenged a sheriff’s decision to grant a permanence order in respect of their youngest of four children following their conviction for assaulting her three older siblings have had their appeal rejected. The appellant’s claimed that the sheriff erred in his assessment of th

A father-of-two found guilty of sexually assaulting his daughter and making and sharing indecent images of her has had an appeal against his conviction refused. The appellant claimed that the trial judge erred in refusing a request by the jury to view a number of the images during their deliberation

in other payment systems, discriminatory rules, and restrictions on the basis of institutional status. In that case, the High court asks whether, in the event that a three party payment system such as American Express enters into co-branding arrangements or makes use of an agent, that system is sub

The Abduction Convention cannot be invoked if by the time of the alleged wrongful act, whether by removal or retention, the child is habitually resident in the state where the request for return is lodged, justices in the Supreme Court have ruled. Lord Hughes gives the lead judgment with whom Lady H

A woman who challenged a confiscation order imposed after her brother was convicted of drugs offences in an attempt to prevent the sale of a property in Edinburgh of which she claimed to be the “beneficial owner” has had her application rejected. A judge in the Court of Session refused to vary t

Two asylum seekers who claimed that the reduction in financial support payable to them was “unlawful” have had their legal challenge dismissed. The petitioners argued that the 30% cut in asylum support available to them in respect of themselves and their dependent children breached EU law and vi

A 14-year-old boy who raped and sexual assaulted two younger girls has had his sentence of six years’ detention cut following an appeal after judges ruled that the custodial term imposed was “excessive”. The Appeal Court of the High Court of Justiciary imposed a sentence of three years and nin

A cross-party group of members of the Scottish, UK and European parliaments who were seeking judicial review of the UK Government’s policy that the United Kingdom’s notification under Article 50(2) of the Treaty of the European Union will not be withdrawn have been refused permission to proceed.

A cyclist who was struck by a 4×4 towing a trailer while taking part in a bike race has been awarded £55,000 damages. Graeme Daly, who was participating in a 10-mile team time trial event in Perth and Kinross, was seeking £110,000 following the collision in 2015.

A man accused of assaulting a nursing assisting whose plea of not guilty was accepted by the Crown on the basis that he was unable by reason of mental disorder to appreciate the wrongfulness of his conduct has had an appeal against a sheriff’s decision to impose a compulsion order dismissed. The S