Case Reports

A gritting company which claimed Scotland’s transport agency breached public procurement law by failing to hold a competitive tendering process for purchasing de-icing salt during two of the country’s coldest winters on record has failed in an appeal to recover more than £3 million. Judges in t

An intellectual property infringement claim by the owners of the “Tartan Army” trade mark will only proceed against the company which publishes “The Famous Tartan Army Magazine” and offers other services using the mark, and not the sole director of the company. A judge in the Court of Sessio

with the respondent in the “partner swapping” scene in Glasgow and Paisley and the sexual promiscuity indulged in at “swinging” parties. He also made what the appeal judges described as some “pithy remarks” about prosecution policy, jury trials and jurors, and the sentencing of sexual o

A bank which raised an action for damages against a firm of surveyors over its valuation of a property after lending more than £2 million to a developer who was unable to repay the loan has been told that the Court of Session does not have jurisdiction to hear the dispute. A judge ruled that the co

The UK government is not required to hold an inquiry into the killing of 24 Malayan villagers in 1948 by a British army patrol, despite the fact it may have been a war crime, because it occurred too long ago the Supreme Court has ruled. The appeal concerned the decision of the respondentSecretaries

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