Case Reports

A mother who was convicted of assault after grabbing hold of and shouting at a schoolboy involved in a play-fight with her son has had her conviction overturned by appeal judges. The woman was convicted after trial in a Justice of the Peace Court of seizing hold of the six-year-old boy by the collar

A Turkish national who was refused leave to remain in the UK despite claiming that he had established a family and private life has had a petition for judicial review of the decision dismissed by a judge in the Court of Session. Petitioner Halit Genc, 24, challenged the decision taken by the Upper T

A miners’ union member who claimed that the successful candidate for election as president was “ineligible to stand” has failed in an appeal. The Employment Appeal Tribunal held that the certification officer did not err in dismissing a complaint by Stephen Mace that Nicky Wilson should not ha

The UK Supreme Court has unanimously dismissed the appeal of a campaign group challenging consent to build a windfarm on Shetland granted in 2012. Sustainable Shetland (SS) challenged a consent for a large windfarm in the Central Mainland of Shetland granted under s.36 of the Electricity Act 1989 on

Legislation which gives foreign states “blanket immunity” from the jurisdiction of the courts of the UK in respect of employment disputes concerning embassy staff breaches human rights law, appeal judges have ruled. The Court of Appeal in London held that sections 16(1)(a) and 4(2)(b) of the Sta

Two men who were sentenced to life imprisonment for murder have failed in their appeals against conviction after the Criminal Appeal Court dismissed their claims that no reasonable jury properly directed could have returned guilty verdicts. Jonathan Mackinnon and Stefan Millar were each sentenced to

A company director who was sued for more than £3,000 in professional fees by a law firm which was instructed by another director to act on the company’s behalf in a legal dispute has won an appeal after a court ruled he was not liable to pay the sum sued for. Radio presenter Scottie McClue, a for

An appeal by two landlords against a decision requiring them to pay a tenant thrice the deposit for a lease which they failed to timeously repay has been refused by judges in the Court of Session. An Extra Division of the Inner House comprising Lord Drummond Young, Lord Malcolm and Sheriff Principal

A disgruntled client who sued his former solicitors for damages but learned that a lawyer acting on his behalf had settled the action without his authority has failed in an appeal against a decision to absolve his former solicitors from further proceedings. Judges in the Inner House of the Court of

A “white van man” found guilty of three charges of breach of the peace after repeatedly staring at children in public places and attempting to lure a young boy into his vehicle has failed in appeal against conviction. The Criminal Appeal Court ruled that a sheriff’s decision to repel a “no c

The European Court of Justice (ECJ) has held that the European Commission acted correctly in rejecting a complaint brought by an airline against a competition authority’s handling of its case against an airport authority over alleged abuse of a dominant position in the internal market. In 2008 eas

A Scottish local authority has had an application for authority to sell ground forming part of the common good to a furniture company refused after a sheriff ruled that the loss of amenity to the local community would not be offset by the proceeds of the sale being invested in the common good fund.

The owners of a pub which had its licence revoked following several incidents of illegal drug use and public disorder have lost an appeal against the decision. The appellants claimed that the licensing board had failed to take account of and disclose a licensing standards officer’s (LSO) report in

A chef who was injured when a wardrobe pole fell on him while he was staying in a lodge provided by his employers at a holiday park where he worked has had an action for damages refused. Judges in the Inner House of the Court of Session upheld a decision of a sheriff, who ruled that the wardrobe pol

The Inner House of the Court of Session has published a judgment in a case which raised the issue of the extent to which a pursuer requires to establish his own title to land in circumstances where a defender whom he is trying to remove does not have any title but avers that the land may be owned by