Case archive

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

Res judicata: man’s £600,000 claim against bank over laptop legal battle rejected

A consumer whose legal dispute over the purchase and return of a laptop 18 years ago spawned a litigation which ended up in the UK Supreme Court has failed in a £600,000 action against the bank which he claimed “annihilated” his credit rating.

Court of Session Inner House 23 December 2016

Court of Session uses nobile officium to recognise English High Court orders due to ‘lacuna’ in legislation

Three English councils have been granted orders by the Court of Session in a landmark ruling which ensures that decisions by the High Court of England and Wales placing four children in secure accommodation north of the border are recognised and enforceable in Scotland.

Court of Session Inner House 16 December 2016

Tenant wins appeal over council bid to terminate tenancy agreement

A council tenant who claimed that his occupancy agreement which was to “continue on a fortnightly basis” should be treated as a Scottish secure tenancy because it did not contain an express provision stating that it was for a term of less than six months has won an appeal against a decision allowing the local authority to end the agreement.

Court of Session Inner House 13 December 2016

Nurse wins appeal after being struck off following hearing in her absence

A nurse with a history of mental health and addiction problems, who was struck off after stealing drugs from a hospital for her personal use following a hearing that she did not attend, has successfully appealed against the decision.

Court of Session Inner House 6 December 2016

‘Stateless’ Palestinian asylum seeker loses appeal for leave to remain in UK

A Palestinian who had been granted refugee status in Syria prior to entering the UK unlawfully has failed in an appeal against a decision to refuse his claim for asylum.

Court of Session Inner House 22 November 2016

Tesco loses appeal against council rent valuation following opening of rival Morrisons

A supermarket which claimed that the opening of a rival store less than one mile away reduced its value has had an appeal rejected.

Court of Session Inner House 3 November 2016