Case archive

Crown loses appeal against ‘unduly lenient’ sentence for historical child sex offences

A man who was jailed for four years having been found guilty of historical child sex offences committed when he was a teenager has had his sentence upheld following an appeal by the Crown.

Court of Session Inner House 25 June 2018

Solicitors pension fund claim against legal firm and former partners to proceed to proof following appeal

Trustees of the Scottish Solicitors Staff Pension Fund who raised an action against a legal firm and its former partners to recover a £90,000 deficit in the fund have successfully appealed against a judge’s decision to dismiss their claim.

Court of Session Inner House 11 June 2018

Appeal judges uphold damages award to prisoner for attempted murder by fellow inmate following negligence ruling

A prisoner who was found to be entitled to damages following a serious assault by another inmate after warning a prison officer that his attacker had previously threatened him has had the decision upheld by appeal judges.

Court of Session Inner House 30 May 2018

Scottish Legal Aid Board wins appeal against judge’s ruling to revoke grant of legal aid

The Scottish Legal Aid Board has successfully appealed against a judge’s ruling to reduce its decision to grant civil legal aid to a man who was seeking to challenge the lawfulness of a local authority’s determinations relating to the provision of community care services to his elderly and infirm mother.

Court of Session Inner House 24 May 2018

Parents of fatal RTA victim fail in challenge to damages awards

The parents of a man who was killed after being struck by a car as he walked across a zebra crossing have failed in an appeal over the level of damages they were awarded.

Court of Session Inner House 6 January 2015

Motorist who challenged accident damages award over ‘dishonest claim’ loses appeal

A motorist who reversed his car into another vehicle but claimed that the other driver “exaggerated” his injuries for “financial gain” has had an appeal against a decision ordering him to pay damages dismissed.

Court of Session Inner House 16 April 2018

Appeal Court dismisses council’s damages claim against architects over failed social housing development

A Scottish local authority which raised an action for £12 million in damages over the loss of a social housing development claiming that a firm of architects appointed as lead consultant had “assumed responsibility” for the other contractors’ negligence has had its claim dismissed following an appeal.

Court of Session Inner House 28 March 2018

Estate owner loses appeal in dispute with national park authority over public access rights to land

The owners of a Scottish estate who were seeking to challenge a decision to the effect that they had breached “the right to roam” by locking three gated entrances to the land and by erecting a sign warning of wild boar have had their appeal dismissed.

Court of Session Inner House 27 March 2018

Appeal judges grant permission to proceed in legal challenge over revocability of Article 50

A petition seeking judicial review of the United Kingdom Government’s “position” on the revocability of a notice of intention to withdraw from the European Union in terms of Article 50.2 of the Treaty on European Union has been granted permission to proceed following an appeal.

Court of Session Inner House 20 March 2018

Wife killer fails in legal bid to challenge pension entitlement ruling

A man convicted of murdering his wife who has been seeking to challenge his former employer’s decision to award him a reduced pension has had his case dismissed.

Court of Session Inner House 19 January 2018

Appeal against interlocutor is competent where interlocutor is dependent on earlier one

A challenge to the competency of a reclaiming motion which was designed to review not the interlocutor appealed against but an earlier interlocutor has been dismissed.

Court of Session Inner House 21 November 2017

RSPB challenge against North Sea wind farms dismissed as Scottish Ministers win appeals over consents

in the EIA process. The extent of such provision must, however, be tempered with a degree of realism. It should not create an endless process of notification of, and consultation on, every matter which is, or becomes, available to the decision-maker prior to the decision. The process is to inform the public of the application, and its perceived environmental impact, and the responses from defined statutory consultative bodies (additional information). The public then have an opportunity to comment on these matters and, no doubt, to raise any concerns about other issues which they perceive to arise. That process was fully complied with here.”

Court of Session Inner House 16 May 2017

Inner House overrules ‘wrongly decided’ case on arrestment as diligence

A 40-year-old case on the effect of arrestment of a company’s property following the appointment of a receiver was “wrongly decided”, a five-judge bench has ruled.

Court of Session Inner House 15 March 2017

Woman’s appeal to amend £15m medical negligence claim after proof refused

A woman who was left permanently disabled after sustaining a “profound and irreversible” brain injury during her birth has had an appeal to amend her claim against a health board refused.

Court of Session Inner House 22 February 2017

Home Secretary fails in appeal to deport Somalian rapist

A Somalian refugee convicted of rape who successfully challenged a decision to deport him to his home country on human rights grounds has seen an appeal against that ruling refused.

Court of Session Inner House 27 October 2016