The Grand Chamber of the European Court of Justice (ECJ) has dismissed actions brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers. The mechanism, designed to help Italy and Greece deal with a massive inflow of people during the migration
Case Reports
A man found guilty of having sex with a child who claimed that a sheriff’s decision to refuse to allow him to cross-examine the complainer on medical records which suggested that she had several previous sexual partners has had an appeal against his conviction refused. The Appeal Court of the High
, as part of the group on one occasion, when there was no identification of the appellant being a member of the group on another occasion. Following from the submissions on sufficiency, it was said that the trial judge had misdirected the jury as the evidence did not show that the ATM crimes were co
A man whose electronic communications were monitored by his employer suffered a violation of his article 8 rights, the Grand Chamber of the European Court of Human Rights has ruled. The case of Bărbulescu v Romania concerned the decision of a private company to dismiss an employee after monitoring
The ex-wife of a man found guilty of murder and being concerned in the supply of cannabis is to be removed from her “family home” after a judge granted a proceeds of crime order for administrators to recover the property. Margaret Duncan, former wife of convicted killer and drug dealer James Dun
Countryside campaigners who sought judicial review of a decision to approve plans for a new wind farm in a designated “wild land” area have had their legal challenge dismissed. Danish billionaire and landowner Anders Povlsen, director of Wildland Limited, which owns the Ben Loyal, Kinloch and Ho
A man who was jailed for two years after being found guilty of assault to severe injury following which his victim died has failed in an appeal against what he claimed was an “excessive” sentence. The Appeal Court of the High Court of Justiciary rejected the appellant’s argument that the sente
A mother who sued a health board claiming that failures by hospital staff in the lead up to the birth of her child resulted in her baby being born with severe disabilities has had her appeal for damages dismissed. The woman “AW” raised an action against Greater Glasgow Health Board alleging negl
A couple who argued that any judge who hears a case involving a party should not have any dealings with any subsequent case involving the same party have had their appeal dismissed. The Sheriff Appeal Court rejected the appellants’ claim that a sheriff who remitted their damages action against a c
A man found guilty of rape who claimed that the complainer’s social media posts showed that she had lied to the court about how the incident affected her has had a “fresh evidence appeal” dismissed. The appellant argued that the evidence, which only came to light after the trial, showed that t
A party in civil proceedings who sought to challenge a sheriff’s ruling not to impose a penalty after the other party was found in contempt of court is entitled to appeal against the decision, the Sheriff Appeal Court has ruled. The court held that the appellant did have a “continuing locus” t
A local authority contracting organisation which raised an action against a quarry product supplier following a series of failed road repairs has had its damages claim dismissed. Tayside Contracts claimed that the chippings it purchased from D Geddes (Contractors) Limited for road surface dressing w
A prisoner who was assaulted in jail after warning a prison officer that a fellow inmate had threatened to “smash his f****** Polish face in” is entitled to damages, the Court of Session has ruled. Keith Porter was convicted of attempted murder following the attack on Daniel Kaizer in December 2
A man found guilty of being concerned in the supply of cocaine who claimed that the sheriff misdirected the jury over how they were to treat opinion evidence from a police officer has had an appeal against his conviction refused. The Appeal Court of the High Court of Justiciary agreed that the sheri
Thousands of current and former employees involved in an equal pay dispute with Scotland’s largest local authority have successfully challenged the council’s job salary re-grading scheme after complaining that the process was “fundamentally flawed”. The Inner House of the Court of Session qu