Case archive



‘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

Lord Advocate’s prosecution policy on assisted suicide is ‘in accordance with law’

The failure by the Lord Advocate to adopt and publish a policy identifying the facts and circumstances which he will take into account in deciding whether or not to authorise the prosecution in Scotland of a person who assists another to commit suicide does not breach human rights law, appeal judges have ruled.

Court of Session Inner House — 19 February 2016

Application for leave to appeal against decision of SLCC refused as ‘out of time’

An application for leave to appeal against a decision of the Scottish Legal Complaints Commission to refuse a complaint as “totally without merit” has been refused.

Court of Session Inner House — 10 February 2016

Scots legal firm successfully challenges SLCC decision to dismiss complaint against lawyer over scope of solicitor’s duty

A Scots law firm whose complaint to the legal complaints watchdog about the conduct of a solicitor from another firm was ruled ineligible has successfully appealed against the decision.

Court of Session Inner House — 28 January 2016

Appeal judges pour cold water on claim that fire service was liable in damages for failing to extinguish blaze

The owner of a farmhouse destroyed by a fire who claimed that the fire service failed to properly extinguish the blaze has had an action for damages dismissed.

Court of Session Inner House — 20 January 2016

Scots lawyer who was suspended from practising fails in damages action against former client as writ was not validly served

A Scots lawyer who was awarded £150,000 after suing a former client, but later saw the decision overturned after a judge ruled that the initial writ was not validly served because the solicitor had been suspended from practising, has failed in an appeal.

Court of Session Inner House — 18 January 2016

Scots lawyer who accepted offer to settle ‘slopping out’ claim without client’s instruction fails in appeal against ‘professional misconduct’ ruling

A Scots lawyer who was found to have acted in a “reckless and cavalier manner” by accepting an offer to settle a “slopping out” claim on behalf of a prisoner client for whom he was no longer instructed to act has failed in a challenge to a tribunal’s finding that he was guilty of “professional misconduct”.

Court of Session Inner House — 7 January 2016

Scots law firm fails in appeal against solicitors’ pension fund’s £50,000 claim over liability for outstanding contributions

A firm of solicitors which challenged a claim by the trustees of a fund set up to provide pensions for employees of legal practices and their dependants has failed in an appeal against a judge’s decision to grant decree against the firm to pay its share of a deficit on the fund.

Court of Session Inner House — 6 January 2016

Full bench overrules authority on breach of interdict review after ruling ‘ordinary civil appeal is competent’

A decision that a sheriff’s finding of contempt of court and subsequent sentence for breach of interdict were reviewable only by petition to the “nobile officium” has been overruled.

Court of Session Inner House — 10 December 2015

Inner House allows appeal and orders different judge to hear case of alleged contempt of court in the course of commission and diligence

A judge’s decision not to make a finding of contempt of court against a company which allegedly failed to comply with court orders allowing the recovery of certain documents has been successfully challenged on appeal.

Court of Session Inner House — 7 December 2015

Gritting company fails in damages appeal in action against Scottish Ministers‏

A gritting company which claimed Scotland’s transport agency breached public procurement law by failing to hold a competitive tendering process for purchasing de-icing salt during two of the country’s coldest winters on record has failed in an appeal to recover more than £3 million.

Court of Session Inner House — 2 December 2015