Case archive

Woman successfully obtains order for use of husband’s frozen sperm without correct forms

A woman who sought to undergo in vitro fertilisation (IVF) treatment using her late husband’s sperm has succeeded in obtaining an order allowing its use for that purpose despite his not signing the relevant forms. 

Court of Session Inner House 28 September 2020

Police officers in offensive WhatsApp group lose appeal against decision to investigate them

Ten police officers who brought a petition for judicial review of the decision by their superior to conduct misconduct proceedings against them using WhatsApp messages sent to and from them have had their reclaiming motion against the refusal of the Lord Ordinary of their petition refused by the Inner House of the Court of Session.

Court of Session Inner House 18 September 2020

Glasses company loses appeal against timebar decision on 2005 VAT assessment

A glasses company that appealed against decisions and assessments of HM Revenue and Customs from 2005 to 2008 has failed to challenge the decision of the Upper Tribunal in respect of a timebar issue in relation to VAT assessments from 2005. 

Court of Session Inner House 10 September 2020

Reclaiming motion seeking clarification on judicial review appeal rules refused as incompetent

A citizen of Nigeria who challenged a finding that his petition for judicial review of the decision of the Home Secretary not to treat his further submissions as a fresh claim for asylum was not made within the statutory three-month time limit has had his reclaiming motion against the decision refused as incompetent.

Court of Session Inner House 9 September 2020

Shale aggregate extractors lose appeal against payment to redress unlawful tax break

A company that benefited from unlawful tax exemptions and was ordered to pay over £1 million to HM Revenue and Customs has lost an appeal challenging a payment order made to that effect. 

Court of Session Inner House 7 September 2020

Falun Gong practitioner loses appeal against immigration decision

A Chinese citizen who claimed to be at risk of persecution in China because of his practise of the banned Falun Gong religion has lost his appeal against a decision by the Home Secretary to treat his further submissions as a fresh claim.

Court of Session Inner House 28 August 2020

Father’s petition to have daughter returned to Poland refused by Inner House

A Polish national who sought a return order under the Child Abduction and Custody Act 1985 in respect of his daughter, who had been taken to Scotland in 2019, has had his petition refused following an appeal by the child’s mother. 

Court of Session Inner House 26 August 2020

Mother of man with Down's Syndome has petition against service charges refused

The mother and legal guardian of a man with Down’s Syndrome has been unsuccessful in her challenge of a decision of Glasgow City Council that he must pay a contribution to the costs of services provided to him. 

Court of Session Inner House 25 August 2020

Stornoway crofters lose community wind farm appeal

Four crofting townships near Stornoway have had their appeal against decisions by the Crofting Commission to refuse to approve their proposals for of the installation of community-owned wind farms on their grazing refused.

Court of Session Inner House 21 August 2020

Aberdeen landowners’ reclaiming motion against restriction of servitude right refused 

An appeal by five people, who claimed to have right of access over the driveway of a house in Aberdeen, of a decision that the right of access is restricted to only two of them has been refused by the Inner House of the Court of Session. 

Court of Session Inner House 13 August 2020

Housing developers successfully challenge chapter of local development plan

Five housing developers have succeeded in challenging a chapter of the Inverclyde Local Development Plan concerning housing land supply on the ground of inappropriate methodology. 

Court of Session Inner House 28 July 2020

Teacher removed from register for falling short of standards loses appeal

A teacher who was removed from the teaching register for misconduct has had her appeal against the decision of the General Teaching Council of Scotland to remove her refused.

Court of Session Inner House 20 July 2020

Aberdeen kilt shop fails to establish extended road maintenance duty for city council

An Aberdeen-based kilt shop has lost its challenge against the city council in respect of water ingress problems affecting its premises.

Court of Session Inner House 14 July 2020

Mordington Crescent: Baron loses appeal against refusal of Lords peerage

A Scottish baron has lost an appeal challenging the refusal of his petition to the Queen to grant him a peerage and entitlement to sit in the House of Lords.

Court of Session Inner House 6 July 2020

Trust’s appeal against partial enforcement of arbitrator’s decision refused

A reclaiming motion by a trust against the partial enforcement of an adjudicator’s decision in respect of a dispute between the trust and a company contracted to build a house for the trust has been refused.

Court of Session Inner House 3 July 2020