Case archive

Iraqi asylum seeker refused leave to appeal in claim for humanitarian protection

An Iraqi Kurd who was refused asylum, humanitarian protection and human rights protection in the UK has had an application for leave to appeal rejected.

Court of Session Inner House 9 November 2017

Committee erred in deleting dwelling house from valuation list during renovation work

An assessor who challenged a decision by a valuation appeal committee to remove a property from a council tax valuation list on the basis that it was no longer a dwelling house has successfully appealed against the determination.

Court of Session Inner House 31 October 2017

Judges reject sister’s appeal against appointment of guardian over ‘bias’ claim against mental health officer

A woman who challenged a sheriff’s order to appoint a local authority social worker as her brother’s guardian has had her appeal against the decision dismissed.

Court of Session Inner House 24 October 2017

Appeal judges uphold decision to refuse entry to Sudanese man with British family

A Sudanese man who was refused leave to enter the United Kingdom to join his British wife and children has failed in an appeal against the decision.

Court of Session Inner House 19 October 2017

‘Limbs in the Loch’ murderer refused permission to appeal in judicial review over ‘unlawful’ opening of mail

A prisoner has been refused permission to appeal against certain aspects of judge’s decision in his legal action against prison authorities for opening letters addressed to him.

Court of Session Inner House 13 October 2017

Court of Session judge rejects party litigant’s application for permission to appeal dismissal of action

A party litigant who was seeking to reduce a will has had an application for permission to appeal against a sheriff’s decision to dismiss his claim and award expenses to the other side rejected.

Court of Session Inner House 10 October 2017

Mother of brain damaged baby fails in damages action against health board over midwives’ negligence

A mother who sued a health board claiming that failures by hospital staff in the lead up to the birth of her child resulted in her baby being born with severe disabilities has had her appeal for damages dismissed.

Court of Session Inner House 30 August 2017

Glasgow City Council workers win equal pay appeal over job evaluation scheme

Thousands of current and former employees involved in an equal pay dispute with Scotland’s largest local authority have successfully challenged the council’s job salary re-grading scheme after complaining that the process was “fundamentally flawed”.

Court of Session Inner House 21 August 2017

Gay Latvian man convicted of shooting police officer loses appeal against deportation

A Latvian man convicted of shooting a police officer in the head with a pellet gun who challenged a decision by the Home Secretary to remove him from the UK on the basis that he had lived in the country for more than ten years has had his appeal against the deportation order dismissed.

Court of Session Inner House 20 July 2017

Chinese mother-of-two wins asylum appeal over fear of persecution

A Chinese woman who claimed she would be persecuted if returned to her home country having had two children out of wedlock has successfully challenged a decision to refuse her application for asylum.

Court of Session Inner House 4 July 2017

Rangers ‘not contractually bound’ to pay Charles Green’s legal fees in criminal proceedings

Rangers Football Club were not required to pay the costs of a former chief executive’s defence to criminal proceedings brought against him, appeal judges ruled.

Court of Session Inner House 23 June 2017

Actual use of spare room irrelevant in bedroom tax assessment, appeal judges rule

A disabled woman who converted a bedroom in her rented housing association property into a second living room so she could have a living space separate from her carers was still liable for the higher rate of the so-called “bedroom tax”, appeal judges have ruled.

Court of Session Inner House 15 June 2017

Litigant’s conflict of interest claim rejected after former lawyer ‘changed sides’

A party litigant who argued that a solicitors’ firm instructed by the other party should be barred from acting because one of its consultants had previously represented her while working as a partner in a firm which merged with the opponent’s firm has her claim dismissed.

Court of Session Inner House 14 June 2017

SLCC has ‘administrative law power’ to re-categorise complaints, Inner House rules

The Scottish Legal Complaints Commission (SLCC) does have the power to re-categorise certain complaints which it had previously classified as “hybrid” complaints involving both a lawyer’s conduct and the services provided.

Court of Session Inner House 13 June 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