Case Reports

The family of a mechanical fitter who died of an asbestos-related illness in England after inhaling the deadly dust while working as an apprentice at a shipbuilding company in Scotland will have to pursue their claim for damages under English law, a judge in the Court of Session has ruled. Relatives

Two dogs that were sentenced to death for being “dangerously out of control” have been given a stay of execution after their owners successfully appealed against court orders for their destruction. The Sheriff Appeal Court quashed the orders made against Sasha the Rottweiler and Floyd the Staffo

A petition seeking judicial review of the United Kingdom Government’s “position” on the revocability of a notice of intention to withdraw from the European Union in terms of Article 50.2 of the Treaty on European Union has been granted permission to proceed following an appeal. The Lord Ordina

A man who was seeking to challenge a sheriff’s decision to order his extradition to Poland on the basis that he had been living “a normal life” in Scotland has had an application for leave to appeal dismissed. Radoslav Kisiel, who was made the subject of a European Arrest Warrant in 2010, also

A man who was sentenced to eight years’ imprisonment after being found guilty of a series of sexual offences against two boys has had an appeal against his conviction rejected. The Appeal Court of the High Court of Justiciary ruled that there was “no merit” in the appellant’s argument that t

A “flasher” who was sentenced to a total of three years’ imprisonment for breaching community payback orders after being convicted of two “random acts of sexual exhibitionism” has had the custodial term reduced following an appeal. The Appeal Court of the High Court of Justiciary ruled tha

A man with an “uncontrollable obsession” with child pornography who was given an extended sentence after being convicted of being in possession of indecent images of children has successfully appealed against the sentence imposed.

A father and daughter who were seeking leave to appeal a tribunal decision but failed to turn up to court because they got the date of the hearing wrong have had their application dismissed. A judge in the Inner House of the Court of Session refused the application having considered the papers and n

A father-of-two who was sentenced to four years and three months' imprisonment following his conviction of the culpable homicide of his terminally ill wife in what was described as a “final act of love” has been admonished after appeal judges quashed his sentence. Ian Gordon, 67, was jailed afte

Former MSP Tommy Sheridan has had a £200,000 claim for interest following his successful £200,000 defamation action against the publishers of the News of the World dismissed. A judge in the Court of Session ruled that the ex-Scottish Socialist Party leader’s subsequent prosecution for perjury an

A campaigner who challenged a Scottish local authority’s decision to grant planning permission for a new development within a world heritage site has had his appeal dismissed. Simon Byrom raised judicial review proceedings against Edinburgh City Council over concerns about the potential impact of

The arbitration clause in the agreement between the Netherlands and Slovakia on the protection of investments is not compatible with EU law as it removes from the mechanism of judicial review of EU law disputes which may relate to the application or interpretation of that law. In 1991 the former Cze

A gun owner whose firearms certificate was revoked because his son is a convicted drug dealer has successfully appealed against the decision. David Cameron, 59, was deemed “unfit” by Police Scotland to be entrusted with the weapon due to his “association” with a person involved in criminal a

A licensing board’s decision to refuse an application to allow adult cinema-goers to take alcoholic drinks in with them while watching any film has been overturned following an appeal. A sheriff ruled that North Lanarkshire Licensing Board exercised its discretion in an “unreasonable manner” i

A former client of a legal firm whose application for leave to appeal a decision that her complaint against the lawyers was time-barred has had a challenge to the expenses awarded against her rejected. A judge in the Court of Session observed that what Caroline Kenneil was really seeking to do was t