Case archive



Former company director found to have misappropriated business opportunities loses expenses appeal 

The former director of a media company who objected to the amount of legal expenses he was calculated to owe to his former employer has been unsuccessful in challenging the decision. 

Court of Session Outer House 26 November 2020

Nigerian citizen who didn’t receive visa correction letter has ILR refusal reversed

A Nigerian citizen who was refused indefinite leave to remain has successfully challenged the decision of the Home Secretary that there were no exceptional circumstances justifying the exercise of discretion in her favour.

Court of Session Outer House 5 November 2020

Outer House allows proof in action for reduction of dairy farmer’s loans 

The son of a deceased dairy farmer who entered into two loan agreements in respect of two farms has succeeded in obtaining a proof in his action to reduce the agreements. 

Court of Session Outer House 30 October 2020

Insurer that settled car crash injury action fails to have pursuer’s expenses reduced

An insurance company that settled an action raised by a car crash victim has failed in its bid to have the pursuer’s expenses modified to nil on the basis that the action was unnecessary.

Court of Session Outer House 20 October 2020

Greenpeace fails in petition for judicial review of oil field development decision

The environmental organisation Greenpeace has had its petition for judicial review of the decision to allow the development of a North Sea oil field refused.

Court of Session Outer House 12 October 2020

Aberdeen Harbour Expansion Project subcontractor establishes breach of contract by main contractor

A subcontractor involved in the Aberdeen Harbour Expansion Project has succeeded in establishing that the main contractor of the project breached the terms of their contract by omitting work within the scope of the subcontract and transferring it to other companies. 

Court of Session Outer House 2 October 2020

Local authority successfully claims portion of commercial sub-lease cancellation fee

A local authority that claimed it was entitled to a percentage of a termination fee paid by a sub-lessee to the head tenant of a shopping centre it leased out has succeeded in establishing its entitlement to the monies. 

Court of Session Outer House 25 September 2020

Petition of Iranian asylum seeker who transported Kurdish political party members refused by Outer House

An Iranian asylum seeker who claimed to be at risk because he was suspected of supporting a Kurdish political party has had his petition for judicial review of the decision to refuse his claim rejected. 

Court of Session Outer House 17 September 2020

El Salvador asylum seeker wins appeal against tribunal decision

An asylum seeker who claimed to fear persecution from a criminal gang in El Salvador has succeeded in challenging the finding of the Upper Tribunal that there were no arguable grounds of appeal against the original decision. 

Court of Session Outer House 14 September 2020

Iranian asylum seeker fails to challenge Home Office certification of unfounded claim

An Iranian citizen who sought asylum in the UK after failing to obtain asylum in Germany has failed to challenge a Home Office decision that his case was clearly unfounded and therefore could not be considered by an immigration tribunal.

Court of Session Outer House 11 September 2020

Construction firm fails to establish council’s breach of transparency obligations in tender process

A construction company that unsuccessfully tendered for a local authority contract has failed to establish that the local authority was in breach of transparency obligations imposed on it by the Public Contracts (Scotland) Regulations 2015. 

Court of Session Outer House 8 September 2020

Barlinnie prisoner who was released and then detained again loses judicial review case

A convicted prisoner detained at HMP Barlinnie subject to an order for lifelong restriction has had his petition for judicial review of the decision of the Scottish Ministers and Glasgow City Council not to conduct any risk assessment exercises in relation to him refused. 

Court of Session Outer House 4 September 2020

Child abduction order for Italian girl temporarily placed into foster care refused

A mother who applied for an order under the Child Abduction and Custody Act 1985 on the basis that her child had been wrongfully retained in Scotland has had her petition refused on the ground that the child was not habitually resident in Italy.

Court of Session Outer House 31 August 2020

Outer House allows proof to determine creditors of AWPR construction venture

The Outer House of the Court of Session has allowed a proof to determine the true creditors of the incorporated joint venture responsible for the construction of the Aberdeen Western Peripheral Route in an action of multiplepoinding raised at the instance of the joint venture.

Court of Session Outer House 18 August 2020

Arbroath strawberry farmer successfully refutes exclusive jurisdiction argument in defective polythene dispute

A strawberry farmer in Arbroath who was supplied with defective polythene sheeting has succeeded in establishing that the contractual dispute between his company and the sheeting’s supplier could be heard in the Scottish courts. 

Court of Session Outer House 17 August 2020