Case archive



Pedestrian struck by van to be awarded damages but liability apportioned on a 50-50 basis

A pedestrian who sought reparation after being injured in a road traffic accident is to be awarded damages after a judge in the Court of Session ruled that the driver of a van which knocked her down was “negligent”.

Court of Session Outer House 17 November 2015

Damages claim by relatives of asbestos victim dismissed as ‘irrelevant’

The relatives of a mechanical fitter who died as a result of exposure to asbestos have had an action for damages against his former employers for alleged wrongdoings that occurred in England dismissed as “irrelevant” by a judge in the Court of Session.

Court of Session Outer House 13 November 2015

Hedge fund’s £7.3m claim against Scots law firm ‘extinguished by prescription’

The liquidator of a multi-million pound hedge fund who sued the company’s solicitors alleging that the firm “breached its fiduciary duties” to its client has had an action for payment of £7.3 million dismissed.

Court of Session Outer House 9 November 2015

Mother whose baby was left permanently disabled due to negligence of midwifery staff awarded £725,000

A mother whose baby was left with a permanent disability as a result of the way he was delivered by midwifery staff has been awarded £725,000 damages.

Court of Session Outer House 30 October 2015

Gay paedophile couple jailed for murder ‘do not merit the protection’ of article 8 ECHR

Two “predatory paedophiles” sentenced to life imprisonment for murder who claimed the prison service denied them the opportunity to visit each other in jail have failed in a claim for damages.

Court of Session Outer House 29 October 2015

Law firm succeeds in judicial review challenge against arbiter’s award to former partner

A Scottish legal firm has successfully challenged a decision of an arbiter to make an award in favour of a former partner who raised an action against his ex-colleagues following resignation from the partnership.

Court of Session Outer House 19 October 2015

Road traffic accident victim to be awarded damages after judge rules driver was ‘90 per cent responsible’

A man who was left paralysed following a road traffic accident in which he struck by a car outside a hotel is to be awarded damages after the driver admitted liability.

Court of Session Outer House 15 October 2015

Chef fails in damages claim against council over late night fall due to lack of street lighting

A chef who was injured in a fall as he walked home from work late at night and sued his local authority after claiming the council was at fault for turning off the streetlights has had an action for £20,000 damages refused.

Court of Session Outer House 9 October 2015

Indian ‘overstayer’ fails in human rights challenge against removal from UK

An “overstayer” who claimed that his removal from the UK to India would breach his human rights because he was engaged to a British woman has had a petition for judicial review dismissed.

Court of Session Outer House 28 September 2015

Father who abducted son fails in judicial review challenge against council’s decisions over children’s care

A father-of-two who was jailed after being found guilty of abducting one of his sons has had an application for judicial review of decisions made by a Scottish local authority in respect of the children’s care refused.

Court of Session Outer House 25 September 2015

Judicial review of Lord Advocate’s policy on assisted suicide refused

A disabled man who is seeking to end his own life but is “apprehensive” that anyone who assisted him to commit suicide would risk criminal prosecution has failed in a legal bid to force Scotland’s prosecution service to publish guidance on its policy.

Court of Session Outer House 9 September 2015

Killer who claimed failure to transfer him from state hospital to prison breached his human rights has damages bid dismissed

A man detained in the State Hospital for more than 17 years who complained that the lack of any means by which he can be transferred to prison breaches his human rights has had his legal challenge refused.

Court of Session Outer House 7 September 2015

Developer’s £15m damages claim against council over Commonwealth Games site dismissed as ‘irrelevant’

A property development company which sued Scotland’s largest local authority for £15 million following a dispute over a contract to develop a site has had its claim dismissed as “irrelevant”.

Court of Session Outer House 2 September 2015

Testamentary writing purporting to gift house to grandson not enforceable against executor, judge rules

A man who claimed that his late grandmother had promised to gift him her house in a testamentary writing has had an action for conveyance of the property against the executor of the estate dismissed.

Court of Session Outer House 5 August 2015