Case Reports

A man found guilty of posting “threatening” messages on a former partner’s Facebook page following a dispute over contact with the ex-couple’s child has successfully appealed against his conviction. The Sheriff Appeal Court ruled that the sheriff erred in repelling a defence submission of �

in the competition was that candidates should be under 35 years of age. In the view of M. Salaberria Sorondo, who was more than 35 years old when he participated in the competition, there were no reasonable grounds for the age limit imposed by the notice restricting access to the public service. Mr

A partner in a Scottish legal firm which overcharged clients by more than £100,000 has been suspended from practice after being found guilty of professional misconduct. Philip Hogg, 50, has had his practising certificate suspended by the Scottish Solicitors’ Discipline Tribunal (SSDT) for five ye

The cost of a call to an after-sales telephone number must not exceed the cost of a standard call, according to an Advocate General of the Court of Justice of the European Union. The German company comtech GmbH markets electrical and electronic equipment. On its website, it displays the telephone nu

An Indian restaurant owner whose licence to employ overseas workers was revoked has failed in a legal challenge against the decision. A judge in the Court of Session ruled that there was “no error” in the decision that the “genuine vacancy test” was not met.

The lending of an electronic book (e-book) may, under certain conditions, be treated in the same way as the lending of a traditional book. In such a situation, the public lending exception, which provides inter alia for the fair remuneration of authors, is applicable, the Court of Justice of the Eur

A bookmaker who claimed that he was “deprived of earnings” because he was not offered a pitch in what he alleged to be a more lucrative part of Musselburgh racecourse on Ladies’ Day has had his case dismissed. Stanley Wood argued that the Musselburgh Joint Racing Committee breached his licence

The Rubik’s Cube shape is not an EU trademark and its non-visible functional elements including its rotating ability should have been considered when it was registered, the Court of Justice of the European Union (CJEU) has ruled. At the request of Seven Towers, a UK company which manages, inter al

A company which was granted an interdict to prevent a former employee using or sharing confidential commercial information and a court order to recover the “highly sensitive” material has been awarded the expenses of the whole petition. A judge in the Court of Session ruled that the expenses sho

A domestic assault victim who applied for criminal injuries compensation more than 30 years later but was told by a tribunal that her claim was “time-barred” has had an appeal against the decision dismissed. A judge in the Court of Session held that there was “no error of law” in the tribuna

EU law does not preclude an increase in the share capital of a bank without the agreement of the general meeting of the shareholders in a situation where there is a serious disturbance of the economy and the financial system of a member state, the Court of Justice of the European Union (CJEU) has ru

Social housing sector tenants who challenged the so called “bedroom tax” have received a mixed outcome at the Supreme Court. Lord Neuberger, Lady Hale, Lord Mance, Lord Sumption, Lord Carnwath, Lord Hughes and Lord Toulson heard the cases, which relate to the cap on housing benefit introduced by

An electricity company which was fined £1.75 million for breaching health and safety legislation after a worker was badly burned has had the financial penalty reduced by £550,000 following an appeal. Scottish Power Generation pled guilty to breaches of sections 2(1) and 33(1)(a) of the Health and

“Limbs in the loch” killer William Beggs has successfully challenged a decision by prison governors to refuse his requests to have a personal computer in jail. The Scottish Prison Service (SPS) will now have to reconsider his request after a Court of Session judge ruled that "inadequate reasons�

A supermarket which claimed that the opening of a rival store less than one mile away reduced its value has had an appeal rejected. The Lands Valuation Appeal Court of the Court of Session dismissed an argument by Tesco that the opening of a larger Morrisons store in Kirkcaldy town centre constitute