Latest Cases

Solemn procedure – Time bar. High Court of Justiciary: On a motion by the Crown seeking to extend the 12-month time bar period in the case of 63-year-old man accused of rape, the court concluded that the application for an extension was not necessitated by an error on the part of the Crown, that there was a good reason identified for the application to extend the 12-month period and that it was prepared to do so. 

European Union – Civil and commercial matters. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of arts 1, 22(2), 34(1) and 35(1) of Council Regulation (EC) 44/2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). The request had been made in proceedings between flyLAL-Lithuanian Airlines AS (in liquidation), a company incorporated under Lithuanian law, and Starptautiskā lidosta Rīga VAS (a company incorporated under Latvian law) and another company, concerning a request for recognition and enforcement in Latvia of a judgment of a Lithuanian court ordering provisional or protective measures. 

Time – Extension of time. The applicant had applied for permission to extend the time for filing its respondent's notice to an appeal. The Court of Appeal, Civil Division, held that the principles laid down in Mitchell v News Group Newspapers Ltd ([2014] 2 All ER 430) as explained in Denton and others v TH White Ltd and another; Decadent Vapours Ltd v Bevan and others; Utilise TDS Ltd v Davies and others ([2014] All ER (D) 53 (Jul)) applied to applications for an extension of time. Applying those principles, the application was allowed. 

Constitutional law – Act of state. The claimants issued proceedings against the defendant government bodies and officers arising from their alleged participation in the claimants' unlawful abduction, kidnapping and removal to Libya. The Court of Appeal, Civil Division, held that the claimants' claim was not barred by the doctrine of state immunity, nor by the act of state doctrine given considerations of public policy on grounds of violations of human rights and international law. Further, it had not been premature to determine that foreign law applied and to put the burden on the claimants to plead their case on foreign law. 

Charity – Charitable trust. The husband and wife were involved in the conservation of the rare Chinese tiger. Their relationship broke down and the wife petitioned for divorce. She sought financial relief. The issue arose as to whether a charitable organisation controlled by the husband and wife was a post-nuptial settlement (PNS). The Family Division held that, on its true construction, the organisation was not a PNS. 

European Union – Commission. In the course of proceedings concerning the defendant airline's alleged involvement with a cartel, the European Commission made a decision. There was dispute as to whether a redacted version of the decision could be made available to the parties. The Chancery Division held that it would be appropriate to create a confidentiality ring between the parties, among whose members the decision could be shared, with the added safeguard that the claimants would be barred from using the decision to commence any further proceedings. 

Limitation of actions – Triennium. Court of Session: In an action in which the executors of a deceased woman sought damages in respect of injuries she suffered following a fall at defenders' premises, it having been discovered that she had died from an unrelated medical condition two months before an action in her name was raised, the court decided to exercise the discretion conferred on it to allow the executors' action to proceed though commenced after the expiry of the triennium. 

Criminal law – Costs. The Court of Appeal, Criminal Division, dismissed the defendant former politician's application for permission to appeal against sentence in respect of a costs order and held that the judge had reached a conclusion as to what was just and reasonable which had been open to him. 

Solemn procedure – Defective representation. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of murder, the court concluded that he should not have been granted leave to appeal on the grounds that he had suffered a miscarriage of justice as a result of defective representation and that he had been deprived of the opportunity to instruct senior counsel of his choice, and it made observations about the duty of an instructing solicitor to advise his client regarding his rights to representation and the choice of his defender, noting that, r B8.4.1(b) of the Law Society of Scotland Practice Rules 2011 was plainly inadequate. 

Employment – Discrimination. The employee had commenced proceedings against the employer, alleging disability discrimination. She sought to add claims of discrimination related to pregnancy and maternity and sex discrimination. The employment tribunal (the tribunal) refused permission to amend. The employee appealed. The Employee Appeal Tribunal, allowing the appeal, held that the tribunal had failed to apply settled principles.