Case archive

Plumber awarded £540,000 damages after health board admits liability over treatment of arm injury

A plumber who injured his arm while playing football over 16 years ago has been awarded more than £540,000 in damages after a Scottish health board admitted liability over its “negligent diagnosis and treatment” of the injury.

Court of Session Outer House 17 January 2020

Shell granted interdict to ban Greenpeace protestors from Brent oil field rigs

An oil and gas company has been granted a court order to prohibit environmental campaigners from carrying out protests on four offshore installations in the North Sea.

Court of Session Outer House 16 January 2020

Court to consider fair hearing defence as woman sues stepfather’s estate over historical sex abuse allegations

A woman who claimed she was repeatedly raped by her late stepfather is suing the executor of his estate for damages in a landmark case.

Sheriff Court 15 January 2020

Rapist who claimed amended charge caused him ‘prejudice’ loses appeal against conviction

A man found guilty of the repeated rape of his former partner and her granddaughter on the basis of the doctrine of “mutual corroboration” has had an appeal against his conviction refused.

Appeal Court of the High Court of Justiciary 14 January 2020

Man acquitted of rape who skipped court for Ibiza wins appeal against sentence

A man acquitted of rape following a trial who was jailed for three years after being found guilty of a separate charge of failing to appear for a preliminary hearing of his case – because he had gone to Ibiza – has had his sentence reduced on appeal.

Appeal Court of the High Court of Justiciary 13 January 2020

Personal Injury Court issues guidance on motions for sanction for employment of counsel

The All-Scotland Sheriff Personal Injury Court has issued a judgment to give some guidance on motions for certification of skilled persons and sanction for the employment of counsel made under new court rules introduced in 2019. Sheriff Kenneth McGowan said the terms of motions should reflect “as

Sheriff Court 10 January 2020

Scottish council acted ‘unlawfully’ by failing to consult over closure of day centre for disabled adults

The father of a man with severe physical and learning disabilities has successfully challenged a Scottish local authority’s decision to close an adult day care centre, after a judge found that the council acted “unlawfully” by failing to consult users who relied on the service.

Court of Session Outer House 9 January 2020

Three-month time limit for judicial review proceedings begins from date of decision, judge rules

The three-month time limit for raising judicial review proceedings begins on the date when the decision under challenge is made and not when the party seeking to bring the action is notified of the decision.

Court of Session Outer House 8 January 2020

Criminal Appeal Court issues guidance on sentencing discounts for returned prisoners 

A man who admitted a domestic assault charge after being released from prison on licence following a previous conviction for housebreaking has had his sentence for the latest offence reduced from 27 months to 17 months on appeal, in a new guideline judgment on how to take into account time spent on remand following a guilty plea.

Appeal Court of the High Court of Justiciary 7 January 2020

Sheriffs erred in refusing decree in absence for breach of conditional car sale agreement

A lender which sued two customers for payment of outstanding sums due on car sale agreements has successfully appealed against decisions to refuse to grant decree in their favour after the actions were undefended.

Sheriff Appeal Court 23 December 2019

Proprietors sued for payment of property maintenance charge win appeal as real burdens clause ‘void for uncertainty’

Homeowners who were ordered by a court to pay a proportion of the cost of maintaining the amenity grounds in their housing scheme after being sued by an estate and land management company have successfully challenged the decision.

Sheriff Appeal Court 20 December 2019

Damages claim over coach crash caused by ‘freak’ gust of wind dismissed 

A passenger on a coach which careered off a road and down an embankment at the “Rest and Be Thankful” has had a personal injury action for £15,000 damages rejected.

Court of Session Outer House 19 December 2019

Part-time judges prevail in pension case at Supreme Court

Four part-time judges have succeeded against the Ministry of Justice in an appeal to the Supreme Court over their rights to a pension.

UK Supreme Court 18 December 2019

Court grants ‘guardianship order’ to protect vulnerable adult teenager despite opposition

A vulnerable adult teenager whose life has been characterised by “chaos, abuse and neglect” has been made the subject of a court order to protect her welfare following an application by a Scottish local authority.

Sheriff Court 18 December 2019

Scots lawyer’s legal challenge against disciplinary tribunal’s expenses award dismissed as ‘incompetent’

A Scots lawyer found guilty of “professional misconduct” who was ordered to pay the legal expenses of the proceedings on an “agent and client” scale has had a legal challenge against the decision dismissed.

Court of Session Outer House 17 December 2019