Case Reports

A debtor does have the necessary “interest” to apply for reappointment as a trustee in a sequestration where further assets come to light following discharge, appeal sheriffs have ruled. The Sheriff Appeal Court held that the Accountant in Bankruptcy could make an application to a sheriff under

A Scottish local authority has been granted a court order to bury the mummified remains of a couple who died decades ago. Hilda Marcel and her husband Eugenios Marcel died in 1987 and 1994 respectively, but their son Melvyn Marcel delayed their burial and stored their bodies until he could build a m

A 10-year jail term imposed on a former soldier who was convicted of more than 90 firearms related offences was not “unduly lenient”, appeal judges have ruled. The Criminal Appeal Court refused an appeal against sentence by the Crown, who argued that the sentence imposed upon Andrew Steven, also

A businessman who is suing his solicitors over the loss and damage he claims to have sustained following the sale of part of his interest in a company has been granted a proof in a $210 million action against the firm. A judge in the Court of Session held that the claim by Robert Kidd that he sustai

A teenager who was issued with a fixed penalty notice for a breach of the peace but failed to pay has had a bid to suspend registration of the fine dismissed as “incompetent”. The appellant claimed that the fixed penalty legislation breached his human rights because it presumed guilt and failed

A Scots lawyer who has was found guilty of professional misconduct has failed in an appeal against a decision to strike him off the roll of solicitors. Cameron Fyfe, a former partner at Ross Harper Solicitors, was barred from practising as a solicitor in September 2016 for breaching accounts rules.

A man accused of housebreaking against whom solemn proceedings were dropped following an appeal against a sheriff’s decision to extend the 12-month time bar has had a further appeal refused after he claimed that the Crown “acted oppressively” by prosecuting him on summary complaint over the sa

A resident of the Short Strand area of Belfast has succeeded in their appeal against the Chief Constable of Police Service of Northern Ireland (PSNI) after Justices in the Supreme Court unanimously ruled that the PSNI misconstrued their legal powers to stop parades passing through or adjacent to the

A drug dealer who was sentenced to 12 months’ imprisonment and ordered to forfeit his vehicle after admitting being concerned in the supply of ecstasy has successfully appealed against the forfeiture of the car described as his “pride and joy”. The Criminal Appeal Court ruled that the sheriff�

A sheriff has called for a change to the summary application rules after granting an order allowing the police to detain a sum of cash seized by officers on the basis that there were “reasonable grounds” for suspecting that the money may be recoverable property. Sheriff Gregor Murray at Forfar c

A man accused of a statutory breach of the peace who was seeking to suspend an apprehension warrant has been told by the Sheriff Appeal Court that his legal challenge was “incompetent”. The appeal sheriffs concluded that suspension of a warrant such as this granted by a sheriff exercising his ad

A prisoner who claimed that his human rights had been breached because he had not been given a reasonable opportunity to rehabilitate himself has had a legal challenge dismissed. A judge in the Court of Session refused the petition for judicial review after ruling that the Scottish Prison Service di

A human trafficking victim whose application for accommodation as a homeless person was rejected by a Scottish local authority has had a legal challenge against the decision dismissed. A judge in the Court of Session upheld the decision by Aberdeen City Council to refuse her application on the groun

A man found guilty of sexual assaulting a woman who claimed there was insufficient evidence to corroborate her account of lack of consent has failed in an appeal against conviction. The High Court of Justiciary Appeal Court refused the appeal by Craig Wilson after ruling that the evidence of distres

The liquidators of a distribution services company which sold its principal asset for half its market value have failed in a legal challenge against the transaction. A judge rejected the claim that the sale amounted to a “gratuitous alienation” and ruled that the price paid was “adequate consi