Case archive

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

Resident’s appeal against local wind farm development refused

A woman who challenged a Scottish local authority’s decision to grant planning permission for the development of a new wind farm in Perthshire has had her appeal refused.

Court of Session Inner House 5 May 2017

Ex-Army officer loses appeal over ‘right to buy’ discount on council house

A former member of the armed forces who claimed he was entitled to a larger discount on the purchase price of his council home than he was offered under “right to buy” legislation has had his appeal refused.

Court of Session Inner House 30 March 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

Inner House refuses appeal against solicitors’ tribunal decision to dismiss complaint

A man who claimed that a Scots lawyer who acted for his wife in a divorce action marketed the estranged couple’s property for sale without his consent has failed in an appeal against a tribunal’s decision to dismiss his complaint against the solicitor.

Court of Session Inner House 9 March 2017

Liquidator allowed a proof in multi-million pound claims against legal firms over collapse of hedge fund

The liquidator of a multi-million pound hedge fund who raised a damages action against two Scottish legal firms for alleged “breached of contract, negligence, breach of fiduciary duties and dishonest assistance” has been granted a proof before answer.

Court of Session Inner House 2 March 2017

Scottish mother loses appeal in dispute over return of child to Australia

A Scottish mother has lost a legal dispute with the Australian father of her child after failing in an appeal against a judge’s ruling that their one-year-old son should be returned from Scotland to Brisbane so judges there can determine the baby’s future.

Court of Session Inner House 27 February 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

Widow of drowned diver has damages claim dismissed as ‘time-barred’ but can sue as son’s guardian

The widow of a scuba diving enthusiast who was killed in an accident will not be able to pursue her claim for damages against the owners and operators of a vessel from which her late husband fell and drowned, but appeal judges ruled that she will be able to sue as guardian to their young child.

Court of Session Inner House 20 February 2017

Scots lawyer loses appeal after being struck off for professional misconduct

A Scots lawyer who has was found guilty of professional misconduct has failed in an appeal against a decision to strike him off the roll of solicitors.

Court of Session Inner House 2 February 2017

Alleged historic child sex abuse victim fails in appeal over ‘time-barred’ claim

A man who claimed he was sexually abused as child in a Catholic school more than 50 years ago has failed in an appeal against a judge’s decision that the action was time-barred.

Court of Session Inner House 13 January 2017

Mother jailed for contempt of court over failure to allow contact wins appeal

A mother found guilty of contempt of court and sentenced to three months' imprisonment after breaching court orders that she facilitate contact between her son and the child’s father has successfully appealed against her conviction and sentence.

Court of Session Inner House 9 January 2017