Case archive

Inner House remits NHS trust’s historic VAT case to First-tier Tribunal

An NHS trust that applied to recover overpaid VAT has successfully appealed against the decision to reject its case by the Upper Tribunal, with the Inner House remitting the case to the First-tier Tribunal for reconsideration.

Court of Session Inner House 16 April 2020

Inner House rules that landlord can demolish property subject to repairing standard order

A tenant who rented a cottage in Argyll that the landlord intended to recover possession of in order to demolish it has had his appeal against the possession order refused.

Court of Session Inner House 15 April 2020

Doctor loses appeal against medical tribunal’s decision she falsified report

A doctor who was removed from the medical register after being found to have intentionally falsified parts of a medical examination has had her appeal against the decision refused.

Court of Session Inner House 14 April 2020

Appeal judges reject ‘professional negligence’ claim against Scots lawyer

A couple who sued a Scots lawyer over the solicitor’s allegedly “negligent” advice in their purchase of a petrol station have had an appeal against a judge’s decision to dismiss their claim rejected.

Court of Session Inner House 18 March 2020

Court of Session overturns Land Court ruling on crofters’ rights to land sold after World War II

Land at Stornoway Airport is to be sold to a residential property developer after Highlands and Islands Airport (HIA) successfully challenged a Scottish Land Court ruling that the disputed areas remained subject to crofting tenure.

Court of Session Inner House 4 March 2020

Death by driving motorist’s £500,000 damages appeal against GP over prescription drugs which ‘caused black-out’ dismissed 

A motorist found guilty of causing death by dangerous driving who claimed that he “blacked out” behind the wheel as a result of medication he was prescribed has had a £500,000 damages action against his GP dismissed following an appeal.

Court of Session Inner House 21 February 2020

Woman’s ‘unjustified enrichment’ appeal against former partner over half-share of house dismissed 

A woman who sued her former partner for more than £40,000 following the sale of their jointly owned home, claiming that he had agreed not to take his share of the property if their relationship ended, has had her “unjustified enrichment” action rejected by appeal judges.

Court of Session Inner House 6 February 2020

Family of death by dangerous driving victim granted civil jury trial in damages claim

The family of a woman who was killed in a road traffic accident have been granted a jury trial in a civil action against the motorist who was found guilty of causing her death by dangerous driving.

Court of Session Inner House 5 February 2020

Appeal judges reject single parent asylum seekers’ legal challenge over ‘mean spirited’ cuts to financial support

Two single parent asylum seekers who claimed that the reduction in the level of financial support available to them was “unlawful” have had their appeal rejected.

Court of Session Inner House 9 May 2019

Court of Session allows appeal against refusal of FOI request after ruling election contract information ‘clearly held’ by council

A doctor who sought information under freedom of information legislation from a Scottish council relating to the conduct of local elections has successfully appealed against the decision to refuse his request.

Court of Session Inner House 5 December 2019

Scots lawyer wins appeal to have ‘time-barred’ services complaint quashed, but conduct complaint referral upheld

A Scots lawyer has partially succeeded in an appeal against a decision by the Scottish Legal Complaints Commission (SLCC) to refer two “time-barred” complaints against him to the Law Society of Scotland for investigation.

Court of Session Inner House 4 December 2019

RBS ordered to make PPI payout after failing in ‘insolvency set-off’ appeal 

The Royal Bank of Scotland has had an appeal rejected against a decision that it could not avoid paying out a successful payment protection insurance (PPI) mis-selling claim to a loan customer who became insolvent.

Court of Session Inner House 25 November 2019

Asylum seeker whose application was refused loses appeal against housing provider’s ‘unlawful’ lock-changing policy

A failed asylum seeker who claimed that it was “unlawful” for her housing provider to evict her from temporary accommodation by changing the locks to the property without first obtaining a court order has had her appeal dismissed.

Court of Session Inner House 14 November 2019

Rangers administrators’ £14 million damages claims against Lord Advocate for ‘malicious prosecution’ to proceed to full hearing

Two former administrators of Rangers Football Club Plc who are suing the Chief Constable of Police Scotland and the Lord Advocate for £14 million in damages over their alleged “wrongful arrest, detention and prosecution” have successfully challenged a decision that Scotland’s top law officer was “immune” from civil action.

Court of Session Inner House 31 October 2019

Father fails in appeal against mother’s removal of children from Italy to Scotland

A father-of-two who claimed that his estranged wife had “wrongfully removed” their two children from Italy when she fled with them to Scotland following the breakdown of their “volatile” marriage has had an appeal to have them returned refused.

Court of Session Inner House 11 October 2019