Case archive

Former residents of Argyll children’s home who alleged historic abuse have actions dismissed

Two former residents of a home for the children of seafarers in Rhu, Argyll, have had their actions for damages against the operators of the home dismissed after a judge concluded that it would not be possible for there to be a fair hearing.

Court of Session Outer House 15 June 2021

Indian citizen serving prison sentence in Scotland fails in challenge of parole decision

An Indian citizen serving a long-term prison sentence for an offence under the Sexual Offences (Scotland) Act 2009 has been unsuccessful in his challenge of a decision of the Scottish Ministers not to release him on licence.

Court of Session Outer House 3 June 2021

Life prisoner refused release at beginning of pandemic loses Parole Board decision challenge

A life prisoner who had progressed to community access in the parole process before being returned to closed conditions has failed to challenge a decision of the Parole Board for Scotland not to direct his release.

Court of Session Outer House 29 April 2021

‘Hypothetical’ indyref2 case rebuffed in Outer House

The Outer House of the Court of Session has refused to grant declarator to the effect that the Scottish Parliament should be able to legislate for a second referendum on Scottish independence without the consent of Westminster, calling the action “hypothetical, academic, and premature”.

Court of Session Outer House 8 February 2021

Outer House rules no servitude exists between 300+ year-old Fife coastal homes

The proprietor of a 350-year-old coastal home in Fife has failed to establish the existence of a servitude right of access over a strip of land within the curtilage of a neighbouring property, either by prescription or by necessity.

Court of Session Outer House 22 December 2020

Homeowner loses legal challenge against ‘High Hedge Notice’

A homeowner who was ordered to reduce the height of rows of trees along a boundary wall within the grounds of his property after his neighbours complained that they were overshadowing their garden has lost a legal challenge against a decision.

Court of Session Outer House 13 March 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

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

Vietnamese man who claimed he was human trafficking victim wins permission to appeal refusal of asylum application 

A Vietnamese asylum-seeker who claimed he was the victim of human trafficking and was a practising Catholic has successfully challenged a decision to refuse permission to appeal against a decision to reject his application.

Court of Session Outer House 7 November 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

Scottish judicial review procedures do not breach right to a fair and public hearing, court rules

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

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

Tommy Sheridan fails in legal challenge for review of perjury conviction

Tommy Sheridan has had a legal challenge against a decision by the Scottish Criminal Cases Review Commission (SCCRC) to refuse to refer his conviction for perjury to the High Court of Justiciary dismissed.

Court of Session Outer House 22 June 2018