Two cyclists who fell from their bikes while crossing tram tracks in Edinburgh have been awarded undisclosed damages.
Court of Session Outer House 3 July 2019
Right to privacy recognised in Scots common law for first time as judge dismisses action by police officers over private ‘WhatsApp’ messages
There is a right of privacy in the common law of Scotland, a Court of Session judge has ruled.
Court of Session Outer House 1 July 2019
A woman who disponed her property to her daughter and her husband was unable to have the disposition reduced on the ground of undue influence as the four-part test was not satisfied in the circumstances of the case.
Court of Session Outer House 26 June 2019
The family of a homeless man with a history of alcoholism who died hours after being offered accommodation by a charity have had an action for damages against the support provider dismissed.
Court of Session Outer House 20 May 2019
Lord Advocate entitled to claim legal advice privilege over emails with in-house lawyers on Rangers proceeds of crime case, judge rules
Correspondence between a senior prosecutor and in-house lawyers at the Crown Office relating to proceeds of crime proceedings against a former administrator of Rangers Football Club “oldco” is protected by “legal advice privilege” and therefore exempt from disclosure, a judge has ruled. David Whitehouse, who is suing the Lord Advocate James Wolffe QC
Court of Session Outer House 13 May 2019
Relatives of a shipbuilder who died from an asbestos-related condition have been granted a jury trial in their action for damages against the deceased’s former employers.
Court of Session Outer House 25 April 2019
Two police officers involved in the incident which led to the death of Sheku Bayoh have successfully challenged decisions to refuse their requests to retire on medical grounds.
Court of Session Outer House 23 April 2019
Two asylum seekers who claimed that it was “unlawful” for their housing provider to evict them by changing the locks to their homes without first obtaining a court order for their removal have had their legal challenges dismissed.
Court of Session Outer House 17 April 2019
Death by driving motorist’s damages claim against GP over prescription drugs ‘which caused black-out’ dismissed
A motorist found guilty of causing death by dangerous driving who claimed that he “blacked out” behind the wheel as a result of medications he was prescribed has had a damages action against his GP dismissed.
Court of Session Outer House 26 March 2019
Partner of seriously ill elderly woman who died after being discharged from Royal Infirmary awarded £187,000 damages for junior doctor’s negligence
The surviving partner of an elderly woman who died after suffering gastrointestinal bleeding has been awarded more than £187,000 in damages, having successfully sued a Scottish health board following a junior doctor’s failure to admit the patient to hospital.
Court of Session Outer House 25 March 2019
A Scottish local authority which sued engineering contractors over a failed social housing development that had to be demolished for health and safety reasons has had its £12 million damages claim dismissed.
Court of Session Outer House 21 March 2019
The owners of the former McEwens of Perth department store will not have to disclose the legal advice they were given before signing a personal guarantee granted to them by a bank in their action for reduction of the contract, a judge has ruled.
Court of Session Outer House 15 March 2019
The estranged wife of former Rangers Football Club owner Sir David Murray has been granted a court order preventing a firm of solicitors acting for her husband in a divorce action.
Court of Session Outer House 11 March 2019
Three litigants who claimed that the introduction of a permission stage in judicial review procedure in Scotland was “incompatible” with human rights law because it meant that cases could be dismissed without an oral hearing have had their legal challenges dismissed.
Court of Session Outer House 8 March 2019
A long-term prisoner who claimed that the prison authorities acted “unlawfully” in failing to properly progress his application for home detention curfew had his legal challenge dismissed, but the judge later conceded that he ought to have allowed the case to proceed to a full hearing.
Court of Session Outer House 7 March 2019