Case archive

Appeal judges pour cold water on claim that fire service was liable in damages for failing to extinguish blaze

The owner of a farmhouse destroyed by a fire who claimed that the fire service failed to properly extinguish the blaze has had an action for damages dismissed.

Court of Session Inner House 20 January 2016

Scots lawyer who was suspended from practising fails in damages action against former client as writ was not validly served

A Scots lawyer who was awarded £150,000 after suing a former client, but later saw the decision overturned after a judge ruled that the initial writ was not validly served because the solicitor had been suspended from practising, has failed in an appeal.

Court of Session Inner House 18 January 2016

Scots lawyer who accepted offer to settle ‘slopping out’ claim without client’s instruction fails in appeal against ‘professional misconduct’ ruling

A Scots lawyer who was found to have acted in a “reckless and cavalier manner” by accepting an offer to settle a “slopping out” claim on behalf of a prisoner client for whom he was no longer instructed to act has failed in a challenge to a tribunal’s finding that he was guilty of “professional misconduct”.

Court of Session Inner House 7 January 2016

Scots law firm fails in appeal against solicitors’ pension fund’s £50,000 claim over liability for outstanding contributions

A firm of solicitors which challenged a claim by the trustees of a fund set up to provide pensions for employees of legal practices and their dependants has failed in an appeal against a judge’s decision to grant decree against the firm to pay its share of a deficit on the fund.

Court of Session Inner House 6 January 2016

Full bench overrules authority on breach of interdict review after ruling ‘ordinary civil appeal is competent’

A decision that a sheriff’s finding of contempt of court and subsequent sentence for breach of interdict were reviewable only by petition to the “nobile officium” has been overruled.

Court of Session Inner House 10 December 2015

Inner House allows appeal and orders different judge to hear case of alleged contempt of court in the course of commission and diligence

A judge’s decision not to make a finding of contempt of court against a company which allegedly failed to comply with court orders allowing the recovery of certain documents has been successfully challenged on appeal.

Court of Session Inner House 7 December 2015

Gritting company fails in damages appeal in action against Scottish Ministers‏

A gritting company which claimed Scotland’s transport agency breached public procurement law by failing to hold a competitive tendering process for purchasing de-icing salt during two of the country’s coldest winters on record has failed in an appeal to recover more than £3 million.

Court of Session Inner House 2 December 2015

Appeal judges uphold ‘loss of society’ damages award but rule mother of dangerous driving victim was not a ‘secondary victim’

A motorist who was sued by the mother of a man he killed in a road traffic accident has been partially successful after appealing against the level of damages awarded to the woman.

Court of Session Inner House 30 September 2015

Commercial property tenant’s rights in lease with landlord ended on dissolution, judges rule

The owner of a hotel which was struck off the Companies Register and dissolved has failed in an appeal against a decision that its tenancy agreement with its landlord ended on its dissolution.

Court of Session Inner House 22 September 2015

Investment manager who left company for competitor entitled to share of profits with former colleagues, appeal judges rule

An investment manager who lost his right to share in future profits of funds he and other colleagues invested in after he left his company for a “competitor” has won a legal dispute after judges dismissed an appeal by his former employers.

Court of Session Inner House 15 September 2015

Pre-action requirements not designed to prevent mortgage lender recovering full debt, Inner House rules

A mortgage lender is entitled to serve calling-up notices to secure repossession and sale of a property where the creditor has considered possible alternative payment arrangements and it is clear that there is no prospect of the debtor being able to fulfil their financial obligations under the standard security.

Court of Session Inner House 8 September 2015

Human rights challenge against ‘named person’ legislation refused by appeal judges

A challenge to legislation which will see a “named person” assigned to every child in Scotland has been refused by appeal judges in the Inner House of the Court of Session.

Court of Session Inner House 3 September 2015

Legal advice need not be incorrect or negligent to be inadequate, appeal court rules

A Scottish lawyer who was ordered to pay compensation to clients after he was found to have provided an “inadequate professional service” in relation to the advice he gave following their purchase of a house has had an appeal against the complaints body’s finding refused.

Court of Session Inner House 18 August 2015

Killer who claimed human rights breach over lack of access to rehabilitation courses has damages appeal refused

A man convicted of culpable homicide who claimed he had not been given access to certain rehabilitative courses while in prison has had an action for damages refused by appeal judges.

Court of Session Inner House 4 August 2015

Law student who alleged university failed to deliver proper standard of tuition fails in ‘breach of contract’ claim

A law student who refused to pay his tuition fees after alleging that the university at which he was studying failed to deliver the standard of education and service he expected has had a “breach of contract” claim dismissed.

Court of Session Inner House 17 June 2015