Case archive

Appeal judges uphold damages award to prisoner for attempted murder by fellow inmate following negligence ruling

A prisoner who was found to be entitled to damages following a serious assault by another inmate after warning a prison officer that his attacker had previously threatened him has had the decision upheld by appeal judges.

Court of Session Inner House 30 May 2018

Scottish Legal Aid Board wins appeal against judge’s ruling to revoke grant of legal aid

The Scottish Legal Aid Board has successfully appealed against a judge’s ruling to reduce its decision to grant civil legal aid to a man who was seeking to challenge the lawfulness of a local authority’s determinations relating to the provision of community care services to his elderly and infirm mother.

Court of Session Inner House 24 May 2018

Parents of fatal RTA victim fail in challenge to damages awards

The parents of a man who was killed after being struck by a car as he walked across a zebra crossing have failed in an appeal over the level of damages they were awarded.

Court of Session Inner House 6 January 2015

Mother-of-two who left abusive Italian partner wins appeal against order to return children to Italy

A Polish mother-of-two who moved to Scotland with her children after leaving her allegedly abusive Italian partner has successfully appealed against a court ruling ordering her to return the two boys to Italy for the courts there to determine issues of residence and contact.

Court of Session Inner House 3 May 2018

Drug manufacturers’ appeal against judge’s decision to allow proof in negligence case dismissed

The manufacturers of a prescription drug for people with arthritis which it is alleged caused those who took the medication to suffer heart attacks and strokes have failed in an appeal against a judge’s decision to allow the cases to proceed to proof.

Court of Session Inner House 25 April 2018

Unrepresented father’s application to appeal adoption order refused after ‘default’ ruling

A father who was seeking to challenge a sheriff’s decision to make an adoption order in respect of his child with no post-adoption contact but then failed lodge the necessary appeal documents has had an application for permission to appeal to the Court of Session dismissed.

Court of Session Inner House 18 April 2018

EEA national convicted of vandalism wins appeal against ‘disproportionate’ deportation order

An EEA national who was set to be removed from the UK after being convicted of vandalism has successfully appealed against the deportation order.

Court of Session Inner House 17 April 2018

Motorist who challenged accident damages award over ‘dishonest claim’ loses appeal

A motorist who reversed his car into another vehicle but claimed that the other driver “exaggerated” his injuries for “financial gain” has had an appeal against a decision ordering him to pay damages dismissed.

Court of Session Inner House 16 April 2018

Judges publish reasons for rejecting Rangers chairman’s appeal against court order to make £11m share offer

Appeal judges have published their reasons for rejecting a challenge by the chairman of Rangers Football Club to a court order requiring him to make an offer for all the issued ordinary share capital of Rangers International Football Club Plc not already controlled by him.

Court of Session Inner House 13 April 2018

Energy company wins appeal in £130m damages claim against contractor over hydroelectric scheme tunnel collapse

An energy company which was seeking £130 million in damages from an engineering contractor following the collapse of a tunnel at a Fort Augustus hydro-electric scheme nearly a decade ago has won an appeal.

Court of Session Inner House 11 April 2018

Housing association tenant’s appeal for ‘right to buy’ property dismissed

A housing association tenant whose application to purchase her home under “right to buy” legislation was refused has had her appeal against the decision dismissed.

Court of Session Inner House 10 April 2018

Appeal Court dismisses council’s damages claim against architects over failed social housing development

A Scottish local authority which raised an action for £12 million in damages over the loss of a social housing development claiming that a firm of architects appointed as lead consultant had “assumed responsibility” for the other contractors’ negligence has had its claim dismissed following an appeal.

Court of Session Inner House 28 March 2018

Estate owner loses appeal in dispute with national park authority over public access rights to land

The owners of a Scottish estate who were seeking to challenge a decision to the effect that they had breached “the right to roam” by locking three gated entrances to the land and by erecting a sign warning of wild boar have had their appeal dismissed.

Court of Session Inner House 27 March 2018

Council breached Equality Act over failures in supporting autistic child’s return to education

A Scottish local authority which failed to provide an adequate plan to support an autistic child’s return to secondary school breached its duty not to discriminate on the grounds of disability.

Court of Session Inner House 26 March 2018