Case Reports

An accountant who was banned from being a company director after he paid trade creditors but not HM Revenue and Customs (HMRC) when his business went into liquidation has failed in an appeal against his three-year disqualification. Patrick Bradley was a director of Barhaul (2003) Limited, which went

Intel’s appeal against the imposition of a €1.06 billion fine for abuse of its dominant position should be upheld and the case should be referred back to the General Court for a fresh review in the Opinion of an Advocate General of the Court of Justice of the European Union. By decision of 13 Ma

A man accused of being concerned in the supply of ecstasy at T in the Park who claimed that the police search of him was “unlawful” has had an appeal refused after a sheriff rejected his challenge. Connor McAteer argued that the police officer who carried out the search, a different officer from

Judges have issued their reasons for setting aside the acquittal of a man accused of the 1998 murder of Surjit Singh Chhokar in Overtown, Lanarkshire. The High Court of Justiciary Appeal Court granted an application by the Lord Advocate to bring a new prosecution against Ronnie Coulter after ruling

A man found guilty of assaulting a woman with a block of wood and a separate charge of carrying an offensive weapon in public has failed in an appeal against his conviction. The appellant claimed that he had been charged twice on the same facts and convicted on both charges, which amounted to “dou

The Court of Session has refused an appeal by the Scotch Whisky Association (SWA) against the court's decision to refuse a judicial review of legislation introducing a minimum unit pricing (MUP) on alcohol. The SWA challenged the Alcohol (Minimum Pricing) (Scotland) Act 2012, arguing that minimum pr

The government of Slovenia has lodged an application with the European Court of Human Rights over the actions of the Croatian judiciary and executive in relation to legal claims brought by a Slovenian bank. Slovenia lodged the application under article 33 of the European Convention on Human Rights o

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