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Criminal law [2025] HCJAC 54

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

Appeal against Conviction by Kyle Kernachan against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 54 (18 December 2025)

The court refused Kyle Kernachan's conviction appeal based on fresh evidence, finding the new witnesses unreliable and incapable of undermining the trial verdict.

  • Sexual offences
  • Fresh evidence
  • Miscarriage of justice
  • Credibility of witnesses
  • Criminal procedure (scotland) act 1995 s.106(3)
  • Fresh-evidence
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Trusts and estates [2025] SACCIV 39

Kinloch v Kinloch (Sheriff Appeal Court Civil)

Kinloch v Kinloch (Sheriff Appeal Court Civil) [2025] SACCIV 39 (14 November 2025)

Appeal against an accounting decree by an executor was refused. The court upheld the sheriff’s credibility findings, the accounting approach, and the expenses award.

  • Executors' duties
  • Accounting of estate
  • Credibility of witnesses
  • Award of expenses
  • Amendment of pleadings
  • Executor-duties
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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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Family law [2024] CSOH 71

Anne Margaret Kelly or McCall against Graham Kenneth McCall (Court of Session)

Anne Margaret Kelly or McCall against Graham Kenneth McCall (Court of Session) [2024] CSOH 71 (26 July 2024)

Divorce action on financial provision: the court valued the defender’s director’s loan account at full amount, ordered equal sharing, and granted decree of divorce.

  • Division of matrimonial property
  • Financial provision on divorce
  • Valuation of assets
  • Credibility of witnesses
  • Corporate accounting in divorce
  • Family-law
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Criminal law [2024] HCJAC 49

Appeal under section 74 by DM against HMA (High Court of Justiciary)

Appeal under section 74 by DM against HMA (High Court of Justiciary) [2024] HCJAC 49 (21 March 2024)

The Appeal Court held that 2005 dishonesty convictions were too remote and minor to be admissible to attack a complainer’s credibility in a rape trial.

  • Admissibility of evidence
  • Credibility of witnesses
  • Previous convictions
  • Sexual offences
  • Section 275 applications
  • Evidence-admissibility
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Tort [2024] ScotCS CSOH_23

IMRAN AHMAD AGAINST THE LORD ADVOCATE

IMRAN AHMAD AGAINST THE LORD ADVOCATE [2024] ScotCS CSOH_23 (29 February 2024)

Malicious prosecution damages action: the pursuer recovered legal expenses and solatium, but most claimed financial loss was rejected for lack of causation and credibility.

  • Malicious prosecution
  • Damages
  • Credibility of witnesses
  • Illegality defence
  • Loss of earnings
  • Reputational harm
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Family law [2022] ScotCS CSOH_84

MICHELLE MACDONALD AGAINST GARY MACDONALD

MICHELLE MACDONALD AGAINST GARY MACDONALD [2022] ScotCS CSOH_84 (25 November 2022)

Divorce and financial provision case in which the Court of Session valued disputed matrimonial assets, debts, business interests and cash, and rejected unequal sharing.

  • Division of matrimonial property
  • Valuation of assets
  • Financial provision on divorce
  • Credibility of witnesses
  • Business valuation
  • Treatment of debts
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Criminal law [2022] ScotHC HCJAC_20

APPEAL AGAINST CONVICTION BY GC AGAINST HMA

APPEAL AGAINST CONVICTION BY GC AGAINST HMA [2022] ScotHC HCJAC_20 (31 May 2022)

The High Court of Justiciary refused a fresh-evidence appeal in a rape conviction, holding that the proposed witness evidence was not credible or reliable.

  • Fresh evidence appeals
  • Rape
  • Credibility of witnesses
  • Admissibility of evidence
  • Fresh-evidence-appeals
  • Criminal-appeals
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Criminal law [2020] ScotHC HCJAC_43

APPEAL UNDER SECTION 74 OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 BY CH AGAINST HER MAJESTY'S ADVOCATE

APPEAL UNDER SECTION 74 OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 BY CH AGAINST HER MAJESTY'S ADVOCATE [2020] ScotHC HCJAC_43 (13 October 2020)

The High Court of Justiciary refused an appeal against rejection of a section 275 application, holding that evidence of consensual sex on other occasions was collateral and inadmissible.

  • Rape shield laws
  • Admissibility of evidence
  • Sexual offences
  • Collateral issues
  • Credibility of witnesses
  • Rape-shield-laws
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Criminal law [2020] ScotHC HCJAC_17

APPEAL AGAINST CONVICTION BY BASHARAT KHAN

APPEAL AGAINST CONVICTION BY BASHARAT KHAN [2020] ScotHC HCJAC_17 (18 March 2020)

The appeal court held that the trial judge misdirected the jury on adoption of prior statements, but the error favoured the appellant and caused no miscarriage of justice.

  • Rape
  • Admissibility of prior statements
  • Jury directions
  • Misdirection
  • Credibility of witnesses
  • Criminal-appeal
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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.