Case Reports

An “overstayer” who claimed that his removal from the UK to India would breach his human rights because he was engaged to a British woman has had a petition for judicial review dismissed. A judge in the Court of Session refused a challenge to a ruling that even if the petitioner was in such a re

A father-of-two who was jailed after being found guilty of abducting one of his sons has had an application for judicial review of decisions made by a Scottish local authority in respect of the children’s care refused. The basis of the petition was an allegation that the respondents had failed to

The owner of a hotel which was struck off the Companies Register and dissolved has failed in an appeal against a decision that its tenancy agreement with its landlord ended on its dissolution. Alan Love, the owner of Prestwick Hotels Limited (PHL), claimed that the lease with the landlords “contin

A law firm which was described as “shameless, corrupt, fraudulent, dishonest, unethical, incompetent and oppressive” has been awarded damages from the operators of a spin-off of the “Solicitors from Hell” website after a judge ruled that the comments were defamatory. London legal firm Brett

An investment manager who lost his right to share in future profits of funds he and other colleagues invested in after he left his company for a “competitor” has won a legal dispute after judges dismissed an appeal by his former employers. Richard Bishop was described as a “competing leaver”

The Criminal Appeal Court has “very strongly” suggested that consideration should be given to changing the rules on the instruction of solicitor advocates, in disposing of an appeal claiming “defective representation”. In refusing an appeal against conviction by Ahmad Yazdanparast, who was f

A disabled man who is seeking to end his own life but is “apprehensive” that anyone who assisted him to commit suicide would risk criminal prosecution has failed in a legal bid to force Scotland’s prosecution service to publish guidance on its policy. Gordon Ross, 66, who suffers from Parkinso

A mortgage lender is entitled to serve calling-up notices to secure repossession and sale of a property where the creditor has considered possible alternative payment arrangements and it is clear that there is no prospect of the debtor being able to fulfil their financial obligations under the stand

At the High Court in Glasgow today, Lady Rae, sentenced Alexander Pacteau, 21, to life imprisonment for his “brutal, senseless” and “motiveless" murder of Irish student Karen Buckley with a punishment part of 23 years after the accused pled guilty to the murder. On sentencing, Lady Rae said: �

A man detained in the State Hospital for more than 17 years who complained that the lack of any means by which he can be transferred to prison breaches his human rights has had his legal challenge refused. John Johnstone sought judicial review of the failures by the Scottish Ministers to provide suf

A police officer who was jailed after being found guilty of lying to protect a colleague for allegedly drink-driving has successfully appealed against his conviction. Police constable David Carmichael was sentenced to seven months imprisonment after being found guilty of “wilful neglect of duty”

A challenge to legislation which will see a “named person” assigned to every child in Scotland has been refused by appeal judges in the Inner House of the Court of Session. Four charities and three individuals contended that provisions in the Children and Young People (Scotland) Act 2014 passed

A property development company which sued Scotland’s largest local authority for £15 million following a dispute over a contract to develop a site has had its claim dismissed as “irrelevant”. PIP3 raised an action against Glasgow City Council for breach of contract after the local authority r

The European court of Human Rights (ECtHR) has held that the rights of clandestine migrants from Tunisia were violated when they were detained after landing on the Italian coast in the midst of the "Arab Spring" in 2011. The case concerned the migrants' detention in a reception centre on the island

A Scots lawyer who failed in his duties under the CML Handbook and at common law to provide material information to lenders in conveyancing transactions has been found guilty of “professional misconduct”. The Scottish Solicitors Discipline Tribunal(SSDT) censured David Clark and restricted his p