Case archive

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

Inner House puts decision in nobile officium case for Brexit extension letter on hold

An appeal court ruling in a legal action seeking a court order to force the Prime Minister to write a letter requesting a Brexit extension in the event that no deal has been agreed between the UK and the EU has been put on hold.

Court of Session Inner House 10 October 2019

Solicitor relieved of failure to comply with court rules on time-limit for appealing Pensions Ombudsman’s decision

A lawyer who was seeking to challenge a decision by the Pensions Ombudsman to reject a complaint against a trustee over its handling of a sale of properties has been granted permission to bring an appeal despite missing the deadline by more than four months.

Court of Session Inner House 20 September 2019

Appeal against employment judge’s decision to substitute reasons for dismissal rejected

An engineer who raised an unfair dismissal claim against her former employer after she was sacked for refusing to work with a key contractor has lost an appeal against an Employment Tribunal’s decision to relabel the reason for dismissal and reduce the award payable to her.

Court of Session Inner House 18 September 2019

First Division of Court of Session reaffirms notion of equivalent rights in allowing appeal on interpretation of collateral warranties

A contractor which was sued by a bank over its alleged “defective design and construction” of a retail development car park which flooded has successfully appealed against a judge’s decision that the claim against it was not time-barred because the action had been raised within five years of the parties signing a collateral warranty.

Court of Session Inner House 17 September 2019

Prorogation ‘unlawful’ because power was used for ‘improper purpose’ of ‘stymying parliament’

The Prime Minister’s advice to HM The Queen that parliamentary business at Westminster should be suspended for five weeks in the run up to “Brexit” undermined a “central pillar” of the constitution that the Government was accountable to Parliament.

Court of Session Inner House 13 September 2019

Prime Minister’s advice to the Queen to prorogue Parliament was ‘unlawful’

The Prime Minister’s advice to HM the Queen that the United Kingdom Parliament should be prorogued for five weeks in the run up to “Brexit” was “unlawful”, the Inner House of the Court of Session has ruled in a judgment whose full version will be published on Friday 13 September.

Court of Session Inner House 11 September 2019

Sheriff can rely on findings established at referral hearing in adoption proceedings

A sheriff may rely on facts established at a hearing on a ground of referral before a Children’s Hearing when considering an application for a permanence order, appeal judges have ruled.

Court of Session Inner House 29 August 2019

Party litigants’ appeal against council’s refusal of guesthouse development rejected

A couple who challenged a Scottish local authority’s decision to refuse their application to redevelop a building for use as a hotel and guesthouse have had their appeal dismissed.

Court of Session Inner House 23 August 2019

Banker’s Court of Session damages appeal over failure of Court of Appeal to refer case to ECJ dismissed

A Singapore-based banker who raised an action for damages in Scotland following a refusal by the Court of Appeal in London to refer a question of EU law to the European Court of Justice, after his claim for unfair dismissal in the UK employment tribunal was rejected on the grounds that the tribunal lacked jurisdiction, has had an application for permission to appeal to the Court of Session dismissed.

Court of Session Inner House 4 July 2019

Planning appeal allowed after reporter abdicated duty to consider key issue of case

A Reporter for the Scottish Ministers was found to have erred in law by accepting without question the findings of the planning authority regarding the quantity of effective housing land supply in the area.

Court of Session Inner House 24 June 2019

Nurse who was struck off fails in bid to challenge decision after appeal was lodged late

A mental health nurse who was struck-off has had an application to appeal against the decision rejected because it was lodged six days after the expiry of the statutory time limit.

Court of Session Inner House 12 June 2019

Scots lawyer wins appeal to have complaints dismissed as ‘totally without merit’ and ‘vexatious’ 

A solicitor who claimed that a series of complaints made against her should have been rejected as “totally without merit” or “vexatious” has successfully appealed against decisions by the Scottish Legal Complaints Commission to remit the claims to the Law Society of Scotland for investigation.

Court of Session Inner House 10 June 2019

Businessman fails in appeal against Scottish judge’s decision to enforce Hong Kong court ruling

A businessman who challenged a Scottish judge’s decision to grant a decree ordering him to conform to a Hong Kong High Court ruling that he make a payout to a former associate has had his appeal dismissed.

Court of Session Inner House 30 May 2019

Appeal judges dismiss legal challenge against Scots law approving abortions at home

Campaigners who claimed that legislation allowing women to terminate pregnancies by taking abortion pills at home is “unlawful” have had their appeal rejected.

Court of Session Inner House 23 May 2019