Case archive

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

Judges reject protesters’ appeal against order to remove ‘Independence Camp’ from Holyrood

An appeal by the occupiers of the so-called “Independence Camp” against a move to evict them from the grounds of the Scottish Parliament has been rejected.

Court of Session Inner House 31 October 2016

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

Company director banned for deliberate non-payment to HMRC loses appeal against disqualification

An accountant who was banned from being a company director after he paid trade creditors but not HM Revenue and Customs (HMRC) when his business went into liquidation has failed in an appeal against his three-year disqualification.

Court of Session Inner House 26 October 2016

Court of Session refuses Scotch Whisky Association appeal over minimum alcohol pricing

The Court of Session has refused an appeal by the Scotch Whisky Association (SWA) against the court's decision to refuse a judicial review of legislation introducing a minimum unit pricing (MUP) on alcohol.

Court of Session Inner House 21 October 2016

Council wins appeal over Scottish Ministers' decision in railfreight terminal planning dispute

A council has successfully challenged a decision by the Scottish Ministers to grant planning permission for the development of a railfreight terminal on greenbelt land in North Lanarkshire.

Court of Session Inner House 29 August 2016

Company director fails in appeal against order to sell shares for less than market value

in bribery, he was a “bad leaver” in terms of the Glasgow-based logistics company’s article of association and was entitled on disposal of his shares to be paid only whichever was the lesser of their fair value or their subscription or par value.

Court of Session Inner House 26 August 2016

News of the World fails in appeal for new trial in Tommy Sheridan defamation case

The owners and publishers of the now defunct News of the World, which was ordered to pay £200,000 in damages after the former MSP Tommy Sheridan won a defamation action against the Scottish edition of the newspaper, have had an application for a new trial refused.

Court of Session Inner House 19 August 2016

Golf club’s appeal for £500,000 damages over clubhouse fire caused by electric golf trolley dismissed

A golf club which sued the suppliers of an electric trolley after a “Motocaddy” caught fire and caused extensive damage to a clubhouse has had an action for more than £500,000 damages refused following an appeal.

Court of Session Inner House 27 July 2016