Case Reports

A hospital inpatient who called a German consultant physician a “Nazi b*****d” has had an appeal against his conviction for behaving in a “threatening or abusive manner” which was likely to cause a reasonable person to suffer “fear and alarm” refused. The Criminal Appeal Court ruled that

A witness who failed to attend court after his son was rushed to hospital following an accident has had a finding of contempt of court quashed. The Criminal Appeal Court observed that the sheriff had failed to take up an invitation to hear evidence before making the finding and therefore did not hav

A motorist who shouted “stick it up your arse” to a parking attendant who had given him penalty charge notice has failed in an appeal against conviction for behaving in a “threatening or abusive manner” which was likely to cause a reasonable person to suffer “fear and alarm”. The Crimina

A man who raped a 14-year-old girl while her mother was in the next room has had his prison term increased following a Crown appeal against sentence. The Criminal Appeal Court ruled that the sentence of three years imprisonment was “unduly lenient” and increased it to one of five years.

. He was sympathetic to the proposed declaration relating to the Guidance but agreed that it would be wrong to make it without considering further submissions. Jamie Kerr, an immigration expert at Thorntons said: "This decision seems to be a very harsh one, especially given that compliance with the

The publisher of GQ magazine has been found in contempt of court over a “seriously prejudicial” article on the phone-hacking trial. The High Court in London ruled that the article had created a “substantial risk” the trial of former News of the World (NoW) editor Rebekah Brooks, former deput

An English local authority that challenged a decision which meant the costs of providing accommodation for an elderly care home resident who moved north of the border could be recovered from the council has had a petition for judicial review refused. A judge in the Court of Session dismissed the cha

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