Case archive



Former director of housebuilding company entitled to bonus payments post-departure

A judge in the Outer House of the Court of Session has determined that the former executive of a housebuilding company who was made redundant should be entitled to bonus in respect of projects completed after his redundancy.

Court of Session Outer House 16 June 2021

Former residents of Argyll children’s home who alleged historic abuse have actions dismissed

Two former residents of a home for the children of seafarers in Rhu, Argyll, have had their actions for damages against the operators of the home dismissed after a judge concluded that it would not be possible for there to be a fair hearing.

Court of Session Outer House 15 June 2021

Pakistani man who fled abusive marriage without meeting baby daughter granted divorce and contact order

A judge in the Outer House of the Court of Session has granted a decree of divorce between a Pakistani man and his Scottish wife at the husband’s instance and made a contact order allowing him to meet his young daughter for the first time.

Court of Session Outer House 8 June 2021

Outer House judge resolves dispute between feuding Italian brothers appointed joint executors of mother’s estate

An Italian man whose deceased mother was domiciled in Scotland has successfully petitioned the Court of Session for the removal of his brother as an executor of her estate after he began living in her property without consent.

Court of Session Outer House 4 June 2021

Indian citizen serving prison sentence in Scotland fails in challenge of parole decision

An Indian citizen serving a long-term prison sentence for an offence under the Sexual Offences (Scotland) Act 2009 has been unsuccessful in his challenge of a decision of the Scottish Ministers not to release him on licence.

Court of Session Outer House 3 June 2021

Recipient of payments under self-directed care provisions fails to challenge alteration to support provisions

A recipient of support payments under the Social Care Self-Directed Support (Scotland) Act 2013 has failed in his challenge of a reduction in support hours by the health board responsible for paying for that support.

Court of Session Outer House 2 June 2021

Makers of popular gin obtain interim interdict in trade mark claim against ‘own-label’ copy

The manufacturers of Hendrick’s gin have succeeded in obtaining interim interdict in an action for trade mark infringement against a popular discount supermarket after it redesigned one of its ‘own-label’ products to more closely resemble their product.

Court of Session Outer House 28 May 2021

Outer House judge finds Scottish Ministers liable to pay over £5 million to guarantors of Ferguson Marine

A judge in the Outer House of the Court of Session has sisted proceedings brought by the guarantor of the now-insolvent Ferguson Marine group of companies after finding that the Scottish Ministers were liable to reimburse them under the terms of an indemnity agreement.

Court of Session Outer House 25 May 2021

Religious leaders who challenged legitimacy of church closures in Scotland entitled to expenses increase

A judge in the Outer House of the Court of Session has granted an increased award of expenses to a group of 27 religious leaders who successfully challenged the Scottish Ministers’ decision to close places of worship in Scotland from late December 2020 to March 2021 to help prevent the spread of Covid-19.

Court of Session Outer House 21 May 2021

Prisoner's ‘defective representation’ petition refused by Outer House

A prisoner who sought a review of his case based on defective representation has had his petition against the decision by the Scottish Criminal Cases Review Commission to refuse a review of his case rejected by a judge in the Outer House of the Court of Session.

Court of Session Outer House 20 May 2021

Outer House judge orders that child of Canadian and Englishman resident in Scotland be returned to Canada

A judge in the Outer House of the Court of Session has ordered that the young child of a Canadian citizen be returned to Quebec to live with her after an application was made for his return under the Hague Convention on Child Abduction.

Court of Session Outer House 17 May 2021

Motherwell commercial landlord fails to establish continuation of lease by tacit relocation

A commercial landlord of industrial premises in Motherwell has been unsuccessful in its action against its former tenant for payments it alleged were due to it under a commercial lease between them.

Court of Session Outer House 12 May 2021

Life prisoner refused release at beginning of pandemic loses Parole Board decision challenge

A life prisoner who had progressed to community access in the parole process before being returned to closed conditions has failed to challenge a decision of the Parole Board for Scotland not to direct his release.

Court of Session Outer House 29 April 2021

Former recruitment agency employees fail in application to recall interim interdicts enforcing non-compete employment contract clause

Three former employees of a recruitment agency who had interim interdicts granted against them preventing them from working for a rival consultancy have, along with their new employer, been unsuccessful in their application for recall of the orders.

Court of Session Outer House 23 April 2021

Outer House finds commercial landlord entitled to payment for repair costs following termination of lease

A landlord of commercial premises in Aberdeenshire whose former tenant refused to pay for the cost of work to the property at the end of their tenancy has successfully obtained a decree for payment from the Outer House of the Court of Session.

Court of Session Outer House 22 April 2021