Case archive



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

Appeal judges uphold ‘loss of society’ damages award but rule mother of dangerous driving victim was not a ‘secondary victim’

A motorist who was sued by the mother of a man he killed in a road traffic accident has been partially successful after appealing against the level of damages awarded to the woman.

Court of Session Inner House — 30 September 2015

Commercial property tenant’s rights in lease with landlord ended on dissolution, judges rule

The owner of a hotel which was struck off the Companies Register and dissolved has failed in an appeal against a decision that its tenancy agreement with its landlord ended on its dissolution.

Court of Session Inner House — 22 September 2015

Investment manager who left company for competitor entitled to share of profits with former colleagues, appeal judges rule

An investment manager who lost his right to share in future profits of funds he and other colleagues invested in after he left his company for a “competitor” has won a legal dispute after judges dismissed an appeal by his former employers.

Court of Session Inner House — 15 September 2015

Pre-action requirements not designed to prevent mortgage lender recovering full debt, Inner House rules

A mortgage lender is entitled to serve calling-up notices to secure repossession and sale of a property where the creditor has considered possible alternative payment arrangements and it is clear that there is no prospect of the debtor being able to fulfil their financial obligations under the standard security.

Court of Session Inner House — 8 September 2015

Human rights challenge against ‘named person’ legislation refused by appeal judges

A challenge to legislation which will see a “named person” assigned to every child in Scotland has been refused by appeal judges in the Inner House of the Court of Session.

Court of Session Inner House — 3 September 2015

Legal advice need not be incorrect or negligent to be inadequate, appeal court rules

A Scottish lawyer who was ordered to pay compensation to clients after he was found to have provided an “inadequate professional service” in relation to the advice he gave following their purchase of a house has had an appeal against the complaints body’s finding refused.

Court of Session Inner House — 18 August 2015

Killer who claimed human rights breach over lack of access to rehabilitation courses has damages appeal refused

A man convicted of culpable homicide who claimed he had not been given access to certain rehabilitative courses while in prison has had an action for damages refused by appeal judges.

Court of Session Inner House — 4 August 2015

Law student who alleged university failed to deliver proper standard of tuition fails in ‘breach of contract’ claim

A law student who refused to pay his tuition fees after alleging that the university at which he was studying failed to deliver the standard of education and service he expected has had a “breach of contract” claim dismissed.

Court of Session Inner House — 17 June 2015

Foreign adoption order recognised at common law in Scottish legal first

An adoption order granted by a court in Ethiopia is thought to be the first foreign adoption order to been recognised and registered at common law in Scotland.

Court of Session Inner House — 5 June 2015

Inner House dismisses appeal against windfarm application refusal

A company whose application for planning permission to develop a windfarm was refused has failed in an appeal against that decision.

Court of Session Inner House — 18 May 2015

Home Secretary wins appeal against Lord Ordinary’s decision on application for leave to remain

The Home Secretary has successfully challenged a Scottish judge’s decision that her refusal of a Pakistani national’s application for leave to remain in the UK was unlawful.

Court of Session Inner House — 29 April 2015

Court’s ‘inherent power’ does not extend to granting ‘ad hoc’ rights of audience, Inner House rules

Counsel from other jurisdictions must join the Scottish Bar if they wish to appear in Scotland’s supreme courts, judges have ruled, in refusing an application from an English barrister seeking rights of audience.

Court of Session Inner House — 27 April 2015

Pakistani man who married British woman wins human rights challenge over leave to remain

A Pakistani national who married a British woman but was refused leave to remain in the United Kingdom after his visa expired has successfully challenged that decision on human rights grounds.

Court of Session Inner House — 21 April 2015