Case Reports

1831-1845 of 2495 Articles
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A couple from England have been granted a court order to adopt two Scottish children despite the children’s parents opposing the applications. The siblings were taken into care following concerns about their well-being while in the care of their parents and had been living with their natural mothe

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A Pakistani asylum seeker who claimed he would be persecuted because of his homosexuality if he was removed from the UK and returned to his home country has successfully challenged a decision to dismiss his appeal. The Inner House of the Court of Session remitted the case to the First-tier Tribunal

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A housing association tenant who challenged his landlord’s proposal to increase his rent has successfully appealed against a Private Rented Housing Panel (PRHP) decision as to what was a “fair rent” for the property. By a majority of two-to-one, judges in the Inner House of the Court of Sessio

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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

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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

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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

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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

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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

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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,

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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

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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

1831-1845 of 2495 Articles