Case Reports

A pedestrian who sought reparation after being injured in a road traffic accident is to be awarded damages after a judge in the Court of Session ruled that the driver of a van which knocked her down was “negligent”. However, the judge also held that the pursuer and defender were equally to blame

ry applications. Such applications could prove to have been unnecessary. For the legislature to have intended to impose such a regime seems absurd. “Also, the offender could suffer prejudice. He is entitled to apply for a variation of the time limit but, on the complainer’s interpretation, if he

A man who complained German courts violated his article 6 right to be presumed innocent after they revoked the suspension of a sentence previously imposed on him has won his appeal at the European Court of Human Rights (ECtHR). The ECtHR noted that the German courts had stated their “firm convicti

The relatives of a mechanical fitter who died as a result of exposure to asbestos have had an action for damages against his former employers for alleged wrongdoings that occurred in England dismissed as “irrelevant” by a judge in the Court of Session. Lord Boyd of Duncansby heard that the 24 pu

A man who complained German courts violated his article 6 right to be presumed innocent after they revoked the suspension of a sentence previously imposed on him has won his appeal at the European Court of Human Rights (ECtHR). The ECtHR noted that the German courts had stated their “firm convicti

A man who attacked a police officer with a sword and told another to “f*ck off” as he brandished the weapon has failed in an appeal against conviction. The Criminal Appeal Court rejected the appellant’s claim that he was acting in “self-defence”.

A French magazine which revealed that Prince Albert of Monaco had an illegitimate son has won an article 10 appeal to theEuropean Court of Human Rights (ECtHR) on the basis the report struck at the prince's public function which trumped his article 8 right to privacy. On May 5 2005 Paris Match publi

of or fear of future violence would not constitute a reasonable excuse. However matters would be different where a person took possession of a weapon during an incident where he or she was under attack, for the purpose of preventing or discouraging further violence. “It was pointed out to us that

A French comedian who appealed against his conviction for making public insults against Jews has had his application to the European Court of Human Rights declared inadmissible on the basis it was not protected by his article 10 right to freedom of expression and was instead anti-Semitism and Holoca

A man found guilty of a statutory breach of the peace for encouraging the rape of children on an adult chatline has failed in an appeal against conviction. Judges in the Criminal Appeal Court refused the appellant’s claim that his behaviour in the particular circumstances was “reasonable”, des

The liquidator of a multi-million pound hedge fund who sued the company’s solicitors alleging that the firm “breached its fiduciary duties” to its client has had an action for payment of £7.3 million dismissed. A judge in the Court of Session ruled that while the pursuer had made a relevant c

A man accused of historic child sex offences who challenged a sheriff’s “unique” decision to grant an application by prosecutors for an extension of time to bring him to trial more than seven years after his first appearance in court has had his appeal refused. The appellant, who first appeare

A mother whose baby was left with a permanent disability as a result of the way he was delivered by midwifery staff has been awarded £725,000 damages. The woman, who has not been named, raised an action against Lanarkshire Acute Hospitals NHS Trust following the birth of her second child at Law Hos

Two “predatory paedophiles” sentenced to life imprisonment for murder who claimed the prison service denied them the opportunity to visit each other in jail have failed in a claim for damages. A judge in the Court of Session rejected the gay couple’s petition for judicial review, in which they

A disgraced Scots lawyer who was jailed after embezzling more than £400,000 from a deceased person’s estate has been struck off the solicitors’ roll. Michael Karus, who was sentenced to three-and-a-half years’ imprisonment after pleading guilty to misappropriating £413,052 while acting as th