Case Reports

A man living with his severely disabled partner in a two-bedroom council house should receive full housing benefit because applying the so-called "bedroom tax" breaches his human rights, the UK Supreme Court has ruled. The ruling in favour of "RR" has implications for at least 155 other partners of

Scotland’s top law officer has successfully challenged a judge’s decision that the Crown was “barred” from prosecuting a man for murder, having previously accepted his guilty plea to a charge of assaulting the same man, who died almost five years later as a result of his inju

The Supreme Court has remitted the case of a Liberian woman who challenged various counts of torture made against her by reference to the interpretation of the term “person acting in an official capacity”. Lord Lloyd-Jones gave the majority judgment, with which Lady Hale, Lord Wilson and

Scotland’s oldest university will be able to pursue legal action in this jurisdiction against a company it has accused of infringing its trade marks in the sale of student gowns after a Court of Session judge rejected arguments by the London-based retailer that the case should be hea

A woman who was jailed for life with a minimum of 25-and-a-half years after being found guilty of the murder of her husband has had the punishment part of her sentence reduced following an appeal. Haider Hayat was killed by his wife Saima Hayat and husband and wife Muhammed Rauf 

A woman who was made the subject of a confiscation order under “proceeds of crime” legislation after being convicted of a £50,000 tax fraud has failed in an appeal against her sentence. Joanne Mooney devised a scheme whereby she acted on behalf of others to secure tax rebates

A Vietnamese asylum-seeker who claimed he was the victim of human trafficking and was a practising Catholic has successfully challenged a decision to refuse permission to appeal against a decision to reject his application. A judge in the Court of Session reduced the decision of the Upper

A baroness who claimed that a decision by the Lord Lyon King of Arms to change the wording of the titles from “the baron of ...” to “holder of the barony of ...” breached an agreement she entered into with his predecessor in office has had a legal challenge against

A bus driver found guilty of dangerous driving after failing to leave a sufficient gap as he drove past a parked van and passing pedestrian has successfully appealed against his conviction. The Sheriff Appeal Court quashed the conviction after viewing CCTV footage of the incident, ruling t

A man accused of raping his former partner has failed in a legal bid to lead evidence to the effect that the complainer had been involved in sado-masochistic sexual conduct with another man before, during and after their relationship ended. However, a judge in the High Court of Justiciary did grant

The guardian of a child who was made the subject of a care order has successfully challenged the decision after an appeal court ruled that the judge’s “wholly unsatisfactory” handling of the case amounted to “serious procedural irregularity”. The England and Wales

Two former administrators of Rangers Football Club Plc who are suing the Chief Constable of Police Scotland and the Lord Advocate for £14 million in damages over their alleged “wrongful arrest, detention and prosecution” have successfully challenged a decision t

A man who was ordered not to contact his former partner after being convicted of a statutory breach of the peace following a drunken rant at police officers has had an appeal against the bail condition imposed dismissed. The Appeal Court of the High Court of Justiciary ruled that the speci

An in-house lawyer who sued his former employer for disability discrimination and victimisation cannot rely on a leaked email or a conversation he overheard in a pub to support his employment tribunal claim, appeal judges have ruled. Michael Curless, a former legal counsel for Shell, allegedly heard

A company which claims to have possessed a number of industrial units in a business park for more than 20 years has been granted a full hearing in an action against a property developer who was allegedly seeking to take over possession of the land. The pursuers GNC (Scotland) Ltd were seeking declar