Case Reports

A man found guilty of attempted rape who failed to lodge an appeal within the statutory time limits has had an application for an extension of time to challenge his conviction rejected. The Appeal Court of the High Court of Justiciary refused the application after noting that the applicant

Two single parent asylum seekers who claimed that the reduction in the level of financial support available to them was “unlawful” have had their appeal rejected. The Inner House of the Court of Session upheld a judge’s decision to dismiss a legal challenge to changes in

A man who was jailed for four years after pleading guilty to serious and violent assaults against his former partner has failed in an appeal to have his sentence reduced. The Appeal Court of the High Court of Justiciary rejected the appellant’s claim that he ought to have been given

A Polish national convicted of a series of offences and accused of other crimes in his home country who claimed that extradition to Poland would breach his human rights has had his legal challenge dismissed in a test case. Patryk Maciejec, 27, argued that new laws and procedures brought in by t

A dog-owner who challenged a sheriff’s decision to order the destruction of her pet Bullmastiff after it attacked a passer-by and another dog has had her appeal dismissed. The Appeal Court of the High Court of Justiciary rejected the argument that the sheriff ought to have imposed a

A mother who was found guilty of assaulting two police officers who unlawfully entered her home and tried to detain her has successfully appealed against her conviction. The High Court of Justiciary ruled that the sheriff’s decision to convict, which was upheld by the Sheriff Appeal

A carer who sued a local newspaper for defamation has had an appeal against a sheriff’s decision to dismiss the claim rejected. The Sheriff Appeal Court upheld the sheriff’s decision after ruling that there was “no basis” for finding that the article was defamatory.

A disgruntled litigant whose complaints against a Scots lawyer and a law firm were rejected as time-barred has had an appeal against the decision dismissed. A judge in the Inner House of the Court of Session held that the Scottish Legal Complaints Commission (SLCC), in exercise of its “gatekee

A man accused of the rape of woman while she was asleep who claimed that he had the consent of the complainer has had his appeal rejected. The High Court of Justiciary Appeal Court ruled that the terms of the legislation were “clear” that a person cannot consent to conduct while she is a

Relatives of a shipbuilder who died from an asbestos-related condition have been granted a jury trial in their action for damages against the deceased’s former employers. A judge in the Court of Session granted the pursuers’ motion to allow issues after rejecting the defenders’ cla

A man found guilty of rape who claimed that evidence of a charge of sexual assault could not provide “mutual corroboration” for the rape charge has had an appeal against his conviction rejected. The Appeal Court of the High Court of Justiciary held that the act of penetration need not be

Two police officers involved in the incident which led to the death of Sheku Bayoh have successfully challenged decisions to refuse their requests to retire on medical grounds. PC Nicole Short and PC Alan Paton, who have both been sick leave since the incident four years ago and who have yet to be t

The former leader of the Scottish Labour Party who was accused of defamation over a newspaper article in which she described a social media comment published online by a pro-independence blogger as “homophobic” has successfully defended a legal action against her. Stuart Campbell, publis

Two asylum seekers who claimed that it was “unlawful” for their housing provider to evict them by changing the locks to their homes without first obtaining a court order for their removal have had their legal challenges dismissed. In a test case, a judge in the Court of Session dismissed

An armed robber who was given an extended sentence of 18 years’ imprisonment after being found guilty of carrying out a £500,000 jewellery heist at one of Scotland’s top hotels has had an appeal against his sentence rejected. Richard Fleming, who was convicted last year of the viol