Case archive

Scots lawyer fails in challenge against complaints commission's decision to allow late complaint

A Scots lawyer who challenged a decision by the Scottish Legal Complaints Commission to allow a late complaint from an expert witness over the solicitor's firm's alleged failure to pay a fee of £15,000 has had her application for leave to appeal dismissed.

Court of Session Inner House 27 June 2016

Scottish council wins appeal against sheriff's decision to overturn 'not a fit and proper' taxi operator finding

A Scottish local authority which refused a cab driver's application to renew his taxi booking office licence after finding that he was "not a fit and proper person" has successfully challenged a sheriff's ruling to overturn its decision.

Court of Session Inner House 9 June 2016

Ugandan domestic abuse victim wins appeal for ‘indefinite leave to remain’

A Ugandan woman who came to the UK to join her husband after he was granted refugee status has successfully challenged a decision by the Home Secretary to refuse her application for “indefinite leave to remain” as a victim of domestic abuse.

Court of Session Inner House 31 May 2016

Estate owner who was awarded protective expenses order for wind farm challenge fails in bid for ‘additional fee’

An estate owner who is challenging plans for a new wind farm in Ayrshire and was granted a protective expenses order following an appeal has failed in a bid to make the respondents and the interested party jointly and severally liable in expenses to him and for an “additional fee”.

Court of Session Inner House 27 May 2016

HM Inspector of Health & Safety loses appeal against tribunal’s decision to cancel prohibition notice

Health and safety inspectors have failed in an appeal against a tribunal’s decision to cancel a prohibition notice issued to a North Sea oil company.

Court of Session Inner House 19 May 2016

Appeal court rules motorcyclist was more to blame for late night crash with milk tanker

A motorcyclist who had his leg amputated following a late night road traffic accident in which he crashed into a milk tanker that was lit up “better than a Christmas tree” was more to blame than the driver of the other vehicle, appeal judges have ruled.

Court of Session Inner House 16 May 2016

Appeal judges refuse environmental charity’s application for protective expenses order in wind farm challenge

An environmental charity which is challenging plans for a wind farm development in Invernesshire has had an application for a protective expenses order refused following an appeal.

Court of Session Inner House 13 May 2016

Scots law firm awarded £100,000 in unpaid fees after former client fails in appeal

A Scottish law firm which sued a former corporate client for payment of over £100,000 in unpaid legal fees has won its action after the company lost an appeal.

Court of Session Inner House 3 May 2016

Parents of brain damaged child fail in medical negligence appeal despite ‘inadequate’ judgment

The parents of a child who suffered brain damage during birth have failed in a challenge to a judge’s decision to refuse their claim for damages against a health board over hospital’s staff’s alleged negligence.

Court of Session Inner House 15 April 2016

‘Limbs in the Loch’ killer William Beggs fails in appeal against decision to refuse FOI request for information relating to police murder inquiry

The man convicted of the “limbs in the loch” murder has had an appeal against a decision of the Scottish Information Commissioner concerning a freedom of information request he made to the former Strathclyde Police over its handling of the murder inquiry refused.

Court of Session Inner House 31 March 2016

‘Good arguable case’ for proceeds of crime recovery does not require ‘good prospect of success’

A “good arguable case” for the purposes of proceeds of crime proceedings in which an enforcement authority is seeking the civil recovery of property obtained through “unlawful conduct” is not necessarily one which has a “good prospect of succeeding”, appeal judges have ruled.

Court of Session Inner House 22 March 2016

Inner House publishes reasons for refusing David Gilroy’s FOI appeal for CCTV images from murder investigation

The Inner House of the Court of Session has published its reasons for refusing an appeal by a man found guilty of murder against a decision to refuse his freedom of information request for CCTV images which he claims “undermine his conviction”.

Court of Session Inner House 16 March 2016

Appeal judges overturn sheriff’s ruling that paying for private schooling of disabled 18-year-old was a ‘reasonable adjustment’

A young person with autism who was granted decree against a local authority to pay for a further year of his education at a private school for pupils with special educational needs after he turned 18 has seen the decision overturned on appeal.

Court of Session Inner House 14 March 2016

Claim by way of plea is ‘effective’ to interrupt prescription in relation to an obligation

A claim made by way of a plea is a “relevant claim” sufficient to interrupt the running of the five-year prescription period, appeal judges have ruled.

Court of Session Inner House 7 March 2016

Solicitor for borrower owed duty of care to lender for 'negligent misstatement', appeal judges rule

A bank which granted a loan to company for the purchase of four commercial units but due to a solicitor’s “negligent misstatement” discharged the entire security when it ought to have been left in place in relation to two of the units is entitled to damages, appeal judges have ruled.

Court of Session Inner House 24 February 2016