Case Reports

1816-1830 of 2558 Articles
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A man who was sentenced to three years and nine months’ imprisonment after pleading guilty to raping a child and filming the assault on his mobile phone has had his custodial term increased following an appeal by the Crown. The Appeal Court of the High Court of Justiciary quashed the sentence and

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A non-EU national may benefit from a right of residence in the Member State in which his EU citizen family member resided before she acquired the nationality of that Member State in addition to her nationality of origin, the Court of Justice of the European Union (CJEU) has ruled. The court ruled th

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A man accused of rape who objected to the admissibility of his police interview has had his complaint upheld. A High Court judge ruled that the “repeated and prolonged” questioning of the accused after he indicated he would be exercising his “right to silence”, in the hope that he would chan

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A man found guilty of murder who claimed that he acted in “self-defence” of a friend who he feared was about to be attacked has had an appeal against his conviction rejected. The Appeal Court of the High Court of Justiciary ruled that the appellant’s plea of “third party provocation” could

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An Iraqi Kurd who was refused asylum, humanitarian protection and human rights protection in the UK has had an application for leave to appeal rejected. A judge in the Court of Session ruled that there were “no errors of law” which were “strongly arguable” and therefore the application fell

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An American woman who challenged a sheriff’s decision that a dispute with her former husband over the care of their child should be determined in the United States rather than in Scotland has successfully appealed against the ruling. The Sheriff Appeal Court held that the sheriff “erred in law

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An Irish man who claimed his conviction for selling drugs was unfair as it was based on evidence obtained by police entrapment has had his application unanimously declared inadmissible by the European Court of Human Rights, which concluded that the role of the police in the case had been essentially

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The grandparents of a child who was placed in local authority care have failed in a legal challenge against a decision to refuse their application to be kinship carers. A judge in the Court of Session refused a petition for judicial review brought by “TM” and “PM”, who claimed that The Highl

1816-1830 of 2558 Articles