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Criminal law [2026] HCJAC 11

Appeal against Conviction and Sentence by Sean Kirkup against His Majesty's Advocate (High Court of Justiciary)

Appeal against Conviction and Sentence by Sean Kirkup against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 11 (27 March 2026)

The appeal court upheld Sean Kirkup’s conviction and 6-year extended sentence, ruling that exclusion of BDSM and safe-word evidence did not make the trial unfair.

  • Sexual offences
  • Domestic abuse
  • Consent in sexual offences
  • Admissibility of evidence
  • Fair trial rights
  • Sentencing
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Criminal law [2025] HCJAC 53

Appeal against Conviction by PB against His Majesty's Advocate (High Court of Justiciary)

Appeal against Conviction by PB against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 53 (02 December 2025)

The Appeal Court refused PB's challenge to convictions for rape and related offences, holding that objections to evidence were mostly untimely and that the judge acted within discretion.

  • Rape
  • Assault
  • Corroboration
  • Admissibility of evidence
  • Jury directions
  • Appeal procedure
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Criminal law [2025] HCJAC 49

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995 by J K-P against His Majesty's Advocate (High Court of Justiciary)

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995 by J K-P against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 49 (02 July 2025)

The High Court of Justiciary refused an appeal challenging whether police had lawfully taken the appellant from work to his home and searched his phone.

  • Admissibility of evidence
  • Search and seizure
  • Suspect rights
  • De facto custody
  • Indecent images
  • De-facto-custody
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Criminal law [2025] HCJAC 21

Appeal Against Conviction by Oluwatayo Dada (High Court of Justiciary)

Appeal Against Conviction by Oluwatayo Dada (High Court of Justiciary) [2025] HCJAC 21 (29 April 2025)

The appeal court refused an appeal against conviction, holding that counsel’s choice not to lead video footage did not amount to defective representation or a miscarriage of justice.

  • Sexual offences
  • Rape
  • Defective legal representation
  • Admissibility of evidence
  • Consent
  • Corroboration
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Criminal law [2025] HCAC 20

Appeal Against Conviction by Barry Marshall (High Court of Justiciary)

Appeal Against Conviction by Barry Marshall (High Court of Justiciary) [2025] HCAC 20 (29 April 2025)

The Appeal Court refused Barry Marshall’s conviction appeal, holding that proposed fresh evidence about another man’s alleged confession was inadmissible hearsay and not significant enough.

  • Fresh evidence
  • Hearsay
  • Identification
  • Miscarriage of justice
  • Circumstantial evidence
  • Admissibility of evidence
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Criminal law [2025] HCJAC 29

Appeal Under Section 74(1) of the Criminal Procedure (Scotland) Act 1995 by CH (High Court of Justiciary)

Appeal Under Section 74(1) of the Criminal Procedure (Scotland) Act 1995 by CH (High Court of Justiciary) [2025] HCJAC 29 (07 February 2025)

The High Court of Justiciary refused an appeal against dismissal of a section 275 application, finding the proposed evidence about the complainer irrelevant and unspecific.

  • Section 275 application
  • Admissibility of evidence
  • Domestic abuse
  • Credibility of witnesses
  • European convention on human rights article 6
  • Section-275
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Criminal law [2024] HCJAC 48

Appeal following a reference from the Scottish Criminal Cases Review Commission by Darren Hughes against HMA (High Court of Justiciary)

Appeal following a reference from the Scottish Criminal Cases Review Commission by Darren Hughes against HMA (High Court of Justiciary) [2024] HCJAC 48 (03 December 2024)

Criminal appeal on fresh evidence. The court refused the appeal, holding there was no reasonable explanation for failing to lead Chantelle Tant’s evidence at trial.

  • Fresh evidence
  • Miscarriage of justice
  • Admissibility of evidence
  • Reasonable explanation for new evidence
  • Attempted murder
  • Assault
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Public procurement [2024] CSOH 90

Roche Diagnostics LTD against Greater Glasgow Health Board and Abbott Laboratories LTD (Court of Session)

Roche Diagnostics LTD against Greater Glasgow Health Board and Abbott Laboratories LTD (Court of Session) [2024] CSOH 90 (20 September 2024)

The court held that disclosed papers summarising legal advice waived privilege over that advice, while 'without prejudice' objections do not bar document recovery in Scots law.

  • Legal professional privilege
  • Waiver of privilege
  • Without prejudice privilege
  • Document disclosure
  • Admissibility of evidence
  • Legal-professional-privilege
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Civil procedure [2024] CSOH 85

PW (AP) against KM (Court of Session)

PW (AP) against KM (Court of Session) [2024] CSOH 85 (06 September 2024)

A civil rape damages claim was dismissed as time barred. The court also found the pursuer had not proved rape on the balance of probabilities and rejected similar fact evidence.

  • Time bar (limitation)
  • Section 17 and 19a prescription and limitation (scotland) act 1973
  • Rape (civil liability)
  • Standard of proof in civil vs criminal
  • Admissibility of evidence
  • Appointment of curator ad litem
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Criminal law [2025] HCJAC 8

Note of appeal by Pa Samba Saye against HMA (High Court of Justiciary)

Note of appeal by Pa Samba Saye against HMA (High Court of Justiciary) [2025] HCJAC 8 (25 July 2024)

The Appeal Court upheld a ruling excluding evidence about alleged sexual activity with third parties in a rape trial where the accused admitted intercourse but relied on consent.

  • Rape
  • Consent
  • Admissibility of evidence
  • Special defence of incrimination
  • Section 275 applications
  • Admissibility-of-evidence
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.