Case archive

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

Appeal judges grant permission to proceed in legal challenge over revocability of Article 50

A petition seeking judicial review of the United Kingdom Government’s “position” on the revocability of a notice of intention to withdraw from the European Union in terms of Article 50.2 of the Treaty on European Union has been granted permission to proceed following an appeal.

Court of Session Inner House 20 March 2018

Appellants who failed to appear for challenge to Traffic Commissioner ruling have case dismissed

A father and daughter who were seeking leave to appeal a tribunal decision but failed to turn up to court because they got the date of the hearing wrong have had their application dismissed.

Court of Session Inner House 13 March 2018

Expenses challenge following complaints commission appeal decision dismissed

A former client of a legal firm whose application for leave to appeal a decision that her complaint against the lawyers was time-barred has had a challenge to the expenses awarded against her rejected.

Court of Session Inner House 5 March 2018

Son’s appeal for 24-hour one-to-one care for dementia-suffering mother refused

A man acting under a power of attorney who challenged the lawfulness of a Scottish local authority’s decisions relating to the provision of community care services to his elderly mother has had his appeal refused.

Court of Session Inner House 26 January 2018

Cameroonian woman who fears forced marriage wins permission to appeal asylum ruling

A Cameroonian woman who claimed she would be subject to forced marriage and female genital mutilation if she were returned to Cameroon has been granted permission to appeal in her bid for asylum.

Court of Session Inner House 22 January 2018

Wife killer fails in legal bid to challenge pension entitlement ruling

A man convicted of murdering his wife who has been seeking to challenge his former employer’s decision to award him a reduced pension has had his case dismissed.

Court of Session Inner House 19 January 2018

Breach of interdict overturned as ruling was not supported by sheriff’s findings in fact

A former partner in a property letting department of a firm of chartered surveyors who was interdicted from soliciting business from any company clients with which he had dealings after he set up a rival agency has successfully appealed against a decision that he was in breach of the court’s order.

Court of Session Inner House 16 January 2018

Footballers found to have raped woman in civil action lose appeal against ruling

Two professional footballers who were found to have raped a woman after a judge ruled she was “incapable of consenting” due to the effects of alcohol have had an appeal against the decision dismissed.

Court of Session Inner House 29 November 2017

Legal firm fails in application for leave to appeal against complaints commission decision

A legal firm which sought to challenge a decision by the Scottish Legal Complaints Commission (SLCC) to admit a number of complaints to further investigation has been refused leave to appeal to the Court of Session.

Court of Session Inner House 28 November 2017

Party litigant refused leave to appeal after lodging application late

A party litigant who sought leave to appeal against a Sheriff Appeal Court decision refusing to allow his appeal to be received late has had his application dismissed by the Court of Session.

Court of Session Inner House 24 November 2017

Appeal against interlocutor is competent where interlocutor is dependent on earlier one

A challenge to the competency of a reclaiming motion which was designed to review not the interlocutor appealed against but an earlier interlocutor has been dismissed.

Court of Session Inner House 21 November 2017

Homeowner wins appeal over council’s ‘pre-payment condition’ for housing repairs grant

A homeowner involved in a legal dispute with a Scottish local authority has won his appeal after arguing that the council acted beyond its powers in imposing a condition attached to the award of grant assistance, which required property owners to pay their share of the cost of repairs to their tenement by the time the final account for the works was issued or be liable for the full costs.

Court of Session Inner House 15 November 2017