Case archive



Judge rejects human rights challenge to Scots law ‘fixed penalty notice’ scheme 

A teenager who claimed that Scottish legislation on “fixed penalty notices” breached European human rights law on the basis that there was no means of challenging the charge if an individual failed to ask to be tried for the alleged offence within the statutory 28-day time limit has had his case dismissed.

Court of Session Outer House — 1 February 2019

Foreign nationals successfully challenge decisions to refuse leave to remain applications over ‘errors’ in declared earnings

Two foreign nationals whose applications for indefinite leave to remain in the United Kingdom were refused because of discrepancies in their declared earnings have successfully challenged the decisions.

Court of Session Outer House — 31 January 2019

Judge dismisses commercial tenant’s challenge to rent review decision as ‘incompetent’

A tenant of commercial premises which challenged an independent surveyor’s determination of the revised rent payable to the landlord has had its action dismissed as “incompetent”.

Court of Session Outer House — 28 January 2019

Judge dismisses ‘time-barred’ £650,000 damages claim for accident in 1965 as ‘irrelevant in law’ 

A man who claimed he was struck by a car when he was a primary school boy more than 50 years ago in an accident which he could not remember and of which there was almost no evidence has had has claim for £650,000 in damages against a Scottish local authority dismissed.

Court of Session Outer House — 25 January 2019

Judge rejects father’s bid to return cancer-stricken daughter to Ireland after ruling child was ‘habitually resident’ with mother in Scotland 

An Irish father-of-one who claimed that his estranged Scottish wife had unlawfully retained their daughter in Scotland after the child underwent emergency cancer treatment here has had an application for a court order for the toddler’s return to Ireland dismissed.

Court of Session Outer House — 14 January 2019

Property developer succeeds in case against Scottish council over rescission of missives

A Scottish local authority which entered into missives for the sale of land to a property developer and subsequently granted planning permission for the redevelopment of the site was not entitled to rescind the contract on the basis that the appropriate fee had not been paid when the planning application was submitted.

Court of Session Outer House — 10 January 2019

Judge allows personal injury claim against Police Scotland to proceed despite ‘inordinate and inexcusable delay’

A woman who was injured in a road traffic accident when a car she was travelling in was struck by a police van is suing Police Scotland for damages.

Court of Session Outer House — 7 January 2019

Former SNP councillor awarded £40,000 damages for defamation over false ‘racism’ claim

A former SNP councillor has been awarded £40,000 in damages after raising a defamation action against a party activist who falsely accused her of racism.

Court of Session Outer House — 20 December 2018

Sunken tug boat owners ordered to pay £400,000 clean-up costs after judge dismisses damages claim against MoD

The owners of a tug boat who sued the Ministry of Defence for “negligence” after the vessel sank having been attached to an MoD buoy have had the damages claim dismissed and been ordered to pay the more than £400,000 for the cost of the clean-up operation.

Court of Session Outer House — 19 December 2018

Scot wanted by USA successfully challenges UK government’s ‘unlawful’ failure to provide ‘forum bar’ defence to extradition

A Scot wanted by the FBI over an alleged shares scam has successfully challenged a decision by the UK Government to delay the introduction of a possible defence to his extradition to the USA.

Court of Session Outer House — 13 December 2018

Judge allows ‘time-barred’ damages claim over Glasgow bin lorry crash to proceed

Relatives of some of the victims of the Glasgow bin lorry crash who are suing Glasgow City Council for damages have been granted applications for their case against the local authority to proceed despite their claims being “time-barred”.

Court of Session Outer House — 10 December 2018

Community councils can be sued for damages, judge rules in personal injury claim

Community councils can be sued for damages for personal injuries, the Court of Session has ruled.

Court of Session Outer House — 7 December 2018

Common law damages claim over vaginal mesh product to proceed to full hearing

A common law case brought by a woman who claims to have suffered “loss, injury and damage” as a result of medical treatment involving a vaginal mesh product will proceed to a full hearing despite the manufacturer’s attempts to have the action dismissed.

Court of Session Outer House — 28 November 2018

Judge rejects environmental campaigner’s bid for undercover policing inquiry in Scotland

An environmental campaigner who was seeking to challenge decisions of the UK and Scottish governments not to hold a public inquiry into undercover policing activities in Scotland following the so-called “spy-cops” scandal has had her application for judicial review dismissed.

Court of Session Outer House — 22 November 2018

"Madam Moneybags'" legal bid for review of conviction for brothel keeping ‘time-barred’ 

A woman found guilty of running a brothel and escort business in Edinburgh who claimed she suffered a “miscarriage of justice” has failed in a legal challenge against a decision of the Scottish Criminal Cases Review Commission (SCCRC) to reject an application to refer her case to the High Court of Justiciary for an appeal.

Court of Session Outer House — 21 November 2018