Case Reports

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

A Nigerian entrepreneur who was granted leave to remain in the UK has had a legal challenge against a decision to revoke his permission to stay dismissed. Aberdeen-based businessman Oko O-Ono had set up his own engineering consultancy company offering services to the oil and gas sector, but also wor

A former client of a Scottish legal firm who challenged a sheriff’s decision to grant decree in favour of the solicitors over his failure to pay their fees for work they did on his behalf has had his appeal dismissed. The Sheriff Appeal Court upheld the sheriff’s conclusion that the firm was ent

Two Pakistani brothers who married two sisters with British citizenship but were refused settlement in the UK have been granted leave to appeal to the Court of Session. A judge ruled that the case raised “an important point of principle or practice” which had not been conclusively resolved in re

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

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

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

Two men found guilty of rape who claimed that the trial judge “misdirected” the jury over their role in assessing video evidence of the incident have had their appeals against their convictions refused. A five-judge bench in the Appeal Court of the High Court of Justiciary ruled that the judge�

A man found guilty of rape who claimed that the advocate depute’s cross-examination and speech to the jury were so prejudicial that he did not receive a fair trial has had an appeal against his conviction refused – but appeal judges criticised the Crown Office over the way the prosecutor conduct

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

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

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

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