Case Reports

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

A sheriff has refused to sanction the employment of junior counsel in a low value personal injury case in which counsel was instructed for the pursuer to ensure there was no “unfair advantage” after the defenders agents had advised they had instructed an advocate to represent them at the proof.

An Iraqi national who had been living in Greece but fled to the UK following attacks by the Neo-Nazi Golden Dawn group has successfully challenged the Home Secretary’s decision to certify his asylum and human rights claims as “clearly unfounded”. The decision meant that Sharif Kadir would be u

For the purposes of the freedom to provide services, Gibraltar and the UK are to be treated as one entity, according to an Opinion of an Advocate General in the Court of Justice of the European Union. The Gibraltar Betting and Gaming Association (“the GBGA”) is a trade association whose members

The Criminal Appeal Court has called for a review of the legislation and guidelines on sentencing for those convicted of making and being in possession of indecent images of children after quashing the extended sentences imposed on three men who were found with hundreds of pictures and videos depict

A disabled man who was unable to board a bus because a mother with a buggy refused to vacate the space has had his appeal unanimously allowed, albeit to a limited extent, by judges in the Supreme Court. The appeal concerns the lawfulness of a bus company’s policy in relation to the use of the spac

A man who broke into a house and murdered a couple and their son before raping their daughter suffered no violation of his article 3 right – prohibition of inhuman or degrading treatment – judges in the European Court of Human Rights have ruled by 14 votes to 3. The case concerned a complaint by

A woman who alleged that she was raped by two professional footballers on the basis that she was incapable of giving “free agreement” because of the effect of alcohol has been awarded £100,000 damages after she was found to have proved her case. A judge in the Court of Session ruled that both S

Three men who claimed that the “blanket ban” that prevents people with unspent criminal convictions which resulted in a custodial sentence or community order from being eligible for redress under the Criminal Injuries Compensation Scheme have had their legal challenge dismissed. The claimants ar

in the cartel during that period, the Commission considered that most of the proposed reductions were no longer appropriate for the period 1993-2004. The change in position of the Roullier group explains why it cannot rely on the principle of the protection of legitimate expectations regarding main

A man who claimed he was sexually abused as child in a Catholic school more than 50 years ago has failed in an appeal against a judge’s decision that the action was time-barred. The Inner House of the Court of Session upheld the Lord Ordinary’s decision on the application of the long negative pr

A man facing extradition to Poland who challenged the order to extradite him on medical grounds has had an appeal dismissed. The High Court of Justiciary Appeal Court upheld the decision of the sheriff to order the appellant’s extradition to the Republic of Poland in terms of section 21(3) of the

A homeowner who claimed that a Scottish local authority acted beyond its powers in imposing a condition that a property owner required to pay their share of the cost of repairs to a tenement by the time the final account for the works was issued or be liable for the full costs has had his legal chal

A businessman is suing a Scots lawyer over the solicitor’s allegedly “negligent” advice in the purchase of a petrol station and car wash. A judge in the Court of Session allowed a proof in the action by Sajjad Soofi against Jeffrey Dykes of Glasgow solicitors’ firm Dykes, Glass and Co, over

Muslim parents in Switzerland whose daughters were refused an exemption from compulsory mixed swimming lessons by authorities suffered no violation of their article 9 rights (freedom of thought, conscience and religion), judges in the European Court of Human Rights have unanimously ruled. The court