Case archive



SLCC had no power to raise complaint against solicitor, judge rules

A Scots lawyer who claimed that the Scottish Legal Complaints Commission acted “ultra vires” in unilaterally raising a complaint against him for has successfully challenged the decision.

Court of Session Outer House 2 March 2020

Nigerian woman granted permission to appeal in ‘family life’ claim to remain in UK 

A Nigerian national who lodged a human right claim to remain in the UK with members of her extended family has successfully challenged a decision to refuse her application to appeal.

Court of Session Outer House 25 February 2020

Court grants motion to enforce adjudicator’s £4m damages decision in dispute over school construction project

A company set up to deliver a number of new schools and community centres in North Lanarkshire that sued a construction company over defects in the development of one of the building projects has been granted a court order to enforce an adjudicator’s decision in its favour.

Court of Session Outer House 20 February 2020

Legal challenge against council’s decision to demolish leisure centre fails

A property developer who claimed that a Scottish local authority’s decision to demolish a leisure centre was “unlawful” has had his legal challenge dismissed.

Court of Session Outer House 14 February 2020

Afghan student’s application for indefinite leave to remain dismissed, but judge calls on Home Office to reconsider

A student from Afghanistan who has lived in the UK for more than five years has had a legal challenge against a decision to refuse her application for indefinite leave to remain dismissed.

Court of Session Outer House 11 February 2020

Prisoner’s petition for judicial review over ‘unlawful’ opening of mail dismissed as ‘incompetent’

A prisoner who claimed that prison authorities breached his human rights by opening a letter addressed to him has had his petition for judicial review dismissed as “incompetent”.

Court of Session Outer House 4 February 2020

Success fee payments agreed by Scots law firm with client and advocate ‘illegal and unenforceable’

It is understood that the firm will be seeking leave to appeal. The success fee provisions of an agreement between a Scottish law firm and its clients in a multi-million pound co

Court of Session Outer House 30 January 2020

Fishing association fails in legal challenge over ‘unfair’ compensation scheme for salmon catching ban

A Scottish fishing association which claimed that a continued prohibition on catching salmon in coastal waters and a compensation scheme introduced to support affected farmers were unlawful has had its legal challenge dismissed.

Court of Session Outer House 27 January 2020

Prisoner fails in £10,000 damages claim over alleged failure to provide rehabilitation

A prisoner who claimed that the prison authorities breached his human rights by failing to provide him with rehabilitation has had a claim for £10,000 damages dismissed.

Court of Session Outer House 22 January 2020

Plumber awarded £540,000 damages after health board admits liability over treatment of arm injury

A plumber who injured his arm while playing football over 16 years ago has been awarded more than £540,000 in damages after a Scottish health board admitted liability over its “negligent diagnosis and treatment” of the injury.

Court of Session Outer House 17 January 2020

Shell granted interdict to ban Greenpeace protestors from Brent oil field rigs

An oil and gas company has been granted a court order to prohibit environmental campaigners from carrying out protests on four offshore installations in the North Sea.

Court of Session Outer House 16 January 2020

Scottish council acted ‘unlawfully’ by failing to consult over closure of day centre for disabled adults

The father of a man with severe physical and learning disabilities has successfully challenged a Scottish local authority’s decision to close an adult day care centre, after a judge found that the council acted “unlawfully” by failing to consult users who relied on the service.

Court of Session Outer House 9 January 2020

Three-month time limit for judicial review proceedings begins from date of decision, judge rules

The three-month time limit for raising judicial review proceedings begins on the date when the decision under challenge is made and not when the party seeking to bring the action is notified of the decision.

Court of Session Outer House 8 January 2020

Damages claim over coach crash caused by ‘freak’ gust of wind dismissed 

A passenger on a coach which careered off a road and down an embankment at the “Rest and Be Thankful” has had a personal injury action for £15,000 damages rejected.

Court of Session Outer House 19 December 2019

Scots lawyer’s legal challenge against disciplinary tribunal’s expenses award dismissed as ‘incompetent’

A Scots lawyer found guilty of “professional misconduct” who was ordered to pay the legal expenses of the proceedings on an “agent and client” scale has had a legal challenge against the decision dismissed.

Court of Session Outer House 17 December 2019