Case archive

Inner House rules Motherwell tenant in sisted breach of duty action allowed to amend proceedings

A tenant of a local authority housing site in Motherwell has successfully sought a review of the decision not to allow her to amend her pleadings in an action for damages against her landlords.

Court of Session Inner House 29 May 2020

Wings Over Scotland blogger loses defamation appeal against former Scottish Labour leader

A blogger who sued the former leader of the Scottish Labour Party for defamation for calling him “homophobic” in response to a tweet he had made about a Scottish Conservative Party MSP has had his appeal refused.

Court of Session Inner House 28 May 2020

Glasgow businessman’s appeal against fire insurance decision refused

A man who had an insurance policy in respect of commercial premises in Glasgow had has his appeal against a decision that his insurer was not bound to indemnify him refused.

Court of Session Inner House 21 May 2020

Oil company successfully restores former licensees to register of companies pending Texas court action

An oilfield tool manufacturing company has succeeded in its petition to restore its former licensees to the register of companies so that they could be the defendants in an action before the federal court of Texas in which they were the plaintiff.

Court of Session Inner House 19 May 2020

Inner House rules property development firm that managed flats “not a property factor”

A property development firm has succeeded in appealing a decision of the Upper Tribunal for Scotland that they were considered the property factors of a building under the Property Factors (Scotland) Act 2011 and were required to comply with the Property Factor Code of Conduct.

Court of Session Inner House 14 May 2020

Man detained in psychiatric hospital refused permission to appeal SLCC decision

A man currently detained in a psychiatric hospital has been refused permission to appeal a decision of the Scottish Legal Complaints Commission regarding the service he received from a solicitor.

Court of Session Inner House 7 May 2020

Advocate has limited success in complaint eligibility appeal

An advocate who was alleged to have acted inappropriately in commercial proceedings regarding location-based dating apps has succeeded in having one of four complaints made against him quashed, with the other three remaining eligible for investigation.

Court of Session Inner House 4 May 2020

Chief Constable of Police Scotland not vicariously liable for psychiatric harm to ex-undercover officer

The Inner House of the Court of Session has granted decree of absolvitor to the Chief Constable of Police Scotland for the actions of a police officer towards a member of the public.

Court of Session Inner House 1 May 2020

Renewable energy firm's appeals over Moscow wind farm refused

A renewable energy firm that was held to be in breach of planning control in respect of a wind farm development has had its appeals to the Inner House of the Court of Session refused.

Court of Session Inner House 29 April 2020

Article 6 of ECHR ‘not engaged’ in dispute over £40 fixed penalty notice

A man who petitioned for judicial review of the Antisocial Behaviour etc. (Scotland) Act 2004 after being issued with a £40 fixed penalty notice has had his appeal against the refusal of his petition refused.

Court of Session Inner House 27 April 2020

Lothian valuation board wins appeal over council tax on ‘golden share’ affordable housing

The Inner House of the Court of Session has allowed an appeal on how affordable housing units subject to ‘golden share’ provisions ought to be valued for council tax purposes.

Court of Session Inner House 24 April 2020

Edinburgh City Council loses planning appeal over waterfront development

A city council that refused to allow a developer to proceed with the development of a mixed-use site without complying with a condition of their original planning permission has had their appeal against a decision to allow it refused.

Court of Session Inner House 17 April 2020

Inner House remits NHS trust’s historic VAT case to First-tier Tribunal

An NHS trust that applied to recover overpaid VAT has successfully appealed against the decision to reject its case by the Upper Tribunal, with the Inner House remitting the case to the First-tier Tribunal for reconsideration.

Court of Session Inner House 16 April 2020

Inner House rules that landlord can demolish property subject to repairing standard order

A tenant who rented a cottage in Argyll that the landlord intended to recover possession of in order to demolish it has had his appeal against the possession order refused.

Court of Session Inner House 15 April 2020

Doctor loses appeal against medical tribunal’s decision she falsified report

A doctor who was removed from the medical register after being found to have intentionally falsified parts of a medical examination has had her appeal against the decision refused.

Court of Session Inner House 14 April 2020