Case Reports

The Court of Justice of the European Union (CJEU) has ruled that a 15-day time limit imposed by Ireland on failed refugee applicants to apply to the Minister for Justice and Equality for subsidiary protection, compromises the ability of applicants to avail themselves of the rights conferred on them

The Sheriff Appeal Court has refused a motion to remit an appeal to the Court of Session after ruling that the case would not set an “important precedent”. The question to be resolved in the appeal was the proper definition of alienation, and whether the grant of a personal guarantee was an alie

The European Court of Justice (ECJ) has ruled that a fixed-price system for the sale by pharmacies of prescription-only medicinal products for human use is incompatible with the free movement of goods. The Deutsche Parkinson Vereinigung is a German self-help organisation which seeks to improve the l

that an application for a warrant might be made, Clyde & Co wrote to the sheriff clerk in Edinburgh on 11 July 2016 requesting they be contacted in that event, with a view to S being represented at any hearing, as it would be “oppressive and prejudicial” for a warrant to be granted a warran

The European Court of Justice (ECJ) has ruled that website operators may have a legitimate interest in storing certain personal data relating to its visitors in order to protect itself against cyberattacks. The dynamic internet protocol address of a visitor constitutes personal data, with respect to

Two concert pianists who argued that they entered into a partnership with an IT expert with a view to creating gay social network applications for profit have had their claim rejected by a judge. The Court of Session ruled that while the parties had a “common intention” to enter into a business

The European Court of Justice (ECJ) has ruled that the initial acquirer of a copy of a computer program, accompanied by an unlimited user licence, may resell that copy and his licence to a new acquirer — however, where the original copy has been damaged, destroyed or lost, the acquirer may not pro

A witness in an “abusive behaviour” case who was found in contempt of court after failing to attend court but later gave evidence at the trial has had a petition to the nobile officium of the High Court of Justiciary refused. Judges rejected the petitioner’s claim that he “purged his contemp

The European Court of Justice has ruled that Italy failed to fulfil its obligations under EU law by failing to guarantee just and appropriate compensation for victims of all violent intentional crimes. Under an EU directive, the victims of violent intentional crimes are entitled to fair and appropri

Three flat-sharing university students who sued their landlady after she failed to lodge their deposit into an approved tenancy deposit scheme have been awarded more than £1800. A sheriff imposed a sanction of £1253 for the landlady’s admitted breach of the tenancy deposit regulations and a fina

A man who was sentenced to 28 months detention after being convicted of being concerned in the supply of ecstasy has had his sentence reduced on appeal following a reference to the High Court of Justiciary Appeal Court by the Scottish Criminal Cases Review Commission. The appeal judges held that the

A teenager who was jailed after admitting a charge of assault to severe injury and permanent disfigurement has successfully appealed against his custodial sentence. Harry Finnegan, who was 19 at the time of the offence, was sentenced to 18 months’ detention after pleading guilty to punching a man

A man found guilty of assault with intent to rape who claimed that the sheriff misdirected the jury has successfully appealed against his conviction. The Criminal Appeal Court ruled that a “miscarriage of justice” had occurred after the sheriff failed to give appropriate directions on the credib

A man acting under a power of attorney who claimed that a local authority should pay for his elderly mother’s 24-hour one-to-one care at home has had a petition for judicial review dismissed. The petitioner “PQ” argued that the respondent Glasgow City Council failed to perform its statutory du

A Ukrainian widow seeking leave to remain in the UK with her daughter and son-in-law has successfully challenged a decision by the Secretary of State for the Home Department (SSHD) to refuse her claim as “clearly unfounded”. A judge in the Court of Session reduced the decision, which precluded a