Case archive

Stornoway crofters lose community wind farm appeal

Four crofting townships near Stornoway have had their appeal against decisions by the Crofting Commission to refuse to approve their proposals for of the installation of community-owned wind farms on their grazing refused.

Court of Session Inner House 21 August 2020

Aberdeen landowners’ reclaiming motion against restriction of servitude right refused 

An appeal by five people, who claimed to have right of access over the driveway of a house in Aberdeen, of a decision that the right of access is restricted to only two of them has been refused by the Inner House of the Court of Session. 

Court of Session Inner House 13 August 2020

Housing developers successfully challenge chapter of local development plan

Five housing developers have succeeded in challenging a chapter of the Inverclyde Local Development Plan concerning housing land supply on the ground of inappropriate methodology. 

Court of Session Inner House 28 July 2020

Teacher removed from register for falling short of standards loses appeal

A teacher who was removed from the teaching register for misconduct has had her appeal against the decision of the General Teaching Council of Scotland to remove her refused.

Court of Session Inner House 20 July 2020

Aberdeen kilt shop fails to establish extended road maintenance duty for city council

An Aberdeen-based kilt shop has lost its challenge against the city council in respect of water ingress problems affecting its premises.

Court of Session Inner House 14 July 2020

Mordington Crescent: Baron loses appeal against refusal of Lords peerage

A Scottish baron has lost an appeal challenging the refusal of his petition to the Queen to grant him a peerage and entitlement to sit in the House of Lords.

Court of Session Inner House 6 July 2020

Trust’s appeal against partial enforcement of arbitrator’s decision refused

A reclaiming motion by a trust against the partial enforcement of an adjudicator’s decision in respect of a dispute between the trust and a company contracted to build a house for the trust has been refused.

Court of Session Inner House 3 July 2020

Inner House rules oral hearing not required in review of decision to refuse judicial review

The Inner House of the Court of Session has ruled that a Lord Ordinary is not required to appoint an oral hearing when considering a request for judicial review of a decision by another Lord Ordinary to refuse a petition for judicial review.

Court of Session Inner House 2 July 2020

High Court quashes culpable homicide verdict and replaces it with assault

The Appeal Court of the High Court of Justiciary has quashed a verdict of guilty of culpable homicide returned against a co-accused in a murder case, replacing it with a verdict of guilty of assault.

Court of Session Inner House 26 June 2020

Somali islander refused judicial review of asylum decision

A Somalian national who sought asylum in the UK and had his petition for judicial review of the decision to reject his application refused has failed in his challenge that decision in the Inner House of the Court of Session.

Court of Session Inner House 10 June 2020

Inner House rules Motherwell tenant in sisted breach of duty action allowed to amend proceedings

A tenant of a local authority housing site in Motherwell has successfully sought a review of the decision not to allow her to amend her pleadings in an action for damages against her landlords.

Court of Session Inner House 29 May 2020

Wings Over Scotland blogger loses defamation appeal against former Scottish Labour leader

A blogger who sued the former leader of the Scottish Labour Party for defamation for calling him “homophobic” in response to a tweet he had made about a Scottish Conservative Party MSP has had his appeal refused.

Court of Session Inner House 28 May 2020

Glasgow businessman’s appeal against fire insurance decision refused

A man who had an insurance policy in respect of commercial premises in Glasgow had has his appeal against a decision that his insurer was not bound to indemnify him refused.

Court of Session Inner House 21 May 2020

Oil company successfully restores former licensees to register of companies pending Texas court action

An oilfield tool manufacturing company has succeeded in its petition to restore its former licensees to the register of companies so that they could be the defendants in an action before the federal court of Texas in which they were the plaintiff.

Court of Session Inner House 19 May 2020

Inner House rules property development firm that managed flats “not a property factor”

A property development firm has succeeded in appealing a decision of the Upper Tribunal for Scotland that they were considered the property factors of a building under the Property Factors (Scotland) Act 2011 and were required to comply with the Property Factor Code of Conduct.

Court of Session Inner House 14 May 2020