Case archive

Patent for power tool vibration monitoring device upheld by Outer House 

A patent for a monitoring apparatus for handheld power tools has been held to be valid following a challenge of its validity in a patent infringement case. 

Court of Session Outer House 5 August 2020

BBC legal challenge over sheriff’s failure to provide reasons for imposing reporting restrictions dismissed

Media organisations who claimed that a sheriff’s decision to impose reporting restrictions in a civil case without providing reasons for making the order breached the principle of “open justice” have had their legal challenge dismissed.

Court of Session Outer House 20 March 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

St Andrews University entitled to bring trade mark infringement action against student gown seller in Scotland

Scotland’s oldest university will be able to pursue legal action in this jurisdiction against a company it has accused of infringing its trade marks in the sale of student gowns after a Court of Session judge rejected arguments by the London-based retailer that the case should be heard in England.

Court of Session Outer House 12 November 2019

Housing association granted full hearing in £3m damages action against contractors

A housing association which sued contractors, engineers and architects over “serious defects” in the redevelopment of a former hospital has been granted a full hearing in its £3 million damages action.

Court of Session Outer House 15 October 2019

Prime Minister’s advice to Queen to prorogue Parliament ‘not unlawful’, judge rules

A legal challenge by a cross-party group of parliamentarians against the proposed suspension of the UK Parliament ahead of “Brexit day” has been dismissed.

Court of Session Outer House 4 September 2019

Judge rejects legal bid for interim suspension of decision to prorogue Parliament

A legal challenge brought by a cross-party group of parliamentarians to temporarily halt the effect of Prime Minister Boris Johnson’s advice to Her Majesty the Queen to shut down the UK Parliament ahead of “Brexit day” has been rejected.

Court of Session Outer House 30 August 2019

Construction company succeeds in legal challenge to refer dispute with hotelier to adjudication 

A construction company which is being sued for £3.8 million by a hotelier following a contractual dispute has successfully challenged a court ruling preventing it from having the case resolved by adjudication.

Court of Session Outer House 21 August 2019

Solicitor not negligent in failing to seek warranty from the seller of a petrol station

A couple who claimed their company’s solicitor had been negligent in his conduct during a purchase transaction have failed to establish negligence.

Court of Session Outer House 8 August 2019

Council’s £12m damages claim against engineers over botched social housing development dismissed

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

Judge rejects bank’s bid for couple to disclose privileged legal advice in loan guarantee dispute

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

Long-term prisoner sues over failure to allow maximum 180-day home detention curfew

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

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

Historical child sex abuse victims awarded £200,000 damages

A man who was found guilty of sexually abusing his step-daughter and her cousin over a number of years starting when they were only eight years old has been ordered to pay them damages totalling £200,000.

Court of Session Outer House 21 June 2018

Man sentenced to 10 months imprisonment for breach of interdicts

At the Court of Session this morning, Lord Doherty sentenced Paul Mackenzie to 10 months imprisonment following a petition and complaint by Mackenzie Hall Ltd & PRA UK Holding PTY Limited in respect of his breach of interim interdict and breach of interdict.

Court of Session Outer House 8 January 2015