Case archive

Outer House rejects Crown defence to malicious prosecution suit

A judge in the Outer House of the Court of Session has rejected a defence pled by the Crown in response to an action for damages for wrongful and malicious prosecution brought by a man who was unsuccessfully prosecuted for fraud for his role in the acquisition of Rangers FC by Craig Whyte in 2011 prior to the club entering administration.

Court of Session Outer House 18 February 2021

Outer House dismisses landfill operator’s action to recover unpaid waste tax from contractor 

A waste disposal and landfill operator that sought payment under a tax statute from a contracting company for not paying the correct amount of tax on hazardous waste material it sent has failed to obtain an order for payment. 

Court of Session Outer House 16 December 2020

Former company director found to have misappropriated business opportunities loses expenses appeal 

The former director of a media company who objected to the amount of legal expenses he was calculated to owe to his former employer has been unsuccessful in challenging the decision. 

Court of Session Outer House 26 November 2020

Aberdeen Harbour Expansion Project subcontractor establishes breach of contract by main contractor

A subcontractor involved in the Aberdeen Harbour Expansion Project has succeeded in establishing that the main contractor of the project breached the terms of their contract by omitting work within the scope of the subcontract and transferring it to other companies. 

Court of Session Outer House 2 October 2020

Construction firm fails to establish council’s breach of transparency obligations in tender process

A construction company that unsuccessfully tendered for a local authority contract has failed to establish that the local authority was in breach of transparency obligations imposed on it by the Public Contracts (Scotland) Regulations 2015. 

Court of Session Outer House 8 September 2020

Prisoner serving life sentence loses challenge against refusal of legal aid

A prisoner serving a life sentence who submitted freedom of information requests for information he believed would help prove his innocence has had a petition for judicial review of the decision not to grant him legal aid refused.

Court of Session Outer House 17 July 2020

Former El Salvador serviceman’s petition to reduce deportation decision refused

A citizen of El Salvador who claimed that he would be a victim of organised crime if he was deported from the UK has failed to petition for a judicial review of the decision to deport him.

Court of Session Outer House 17 June 2020

Property developer’s breach of missives action continued to proof

A company that was formed to complete a development of 55 residential apartments at a site near the Portobello Kilns in Edinburgh, has had its petition to amend a Deed of Conditions.

Court of Session Outer House 11 June 2020

Prison escapee’s petition for judicial review of progression decision refused

A prisoner in HMP Glenochil serving nearly 20 years in custody has been refused permission for judicial review of a decision of the Scottish Ministers not to move him into less secure prison conditions.

Court of Session Outer House 22 May 2020

Widow loses medical negligence claim after husband died one day after hospital discharge

The widow of a man who died from cardiac arrest the day after he was discharged from hospital has been unsuccessful in an action for damages arising from medical negligence.

Court of Session Outer House 12 May 2020

Wind farm developer successfully petitions for judicial review against MoD

A developer of commercial wind farms that applied for planning permission for a wind farm within the consultation zone of the Eskdalemuir Seismic Array has succeeded in petitioning the court for a time extension to begin proceedings for judicial review.

Court of Session Outer House 21 April 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

Damages action over ‘defective’ metal-on-metal hip replacement product dismissed

A former forestry worker who sued two companies which manufactured the components used in his hip replacements 10 years ago has had his action for damages dismissed.

Court of Session Outer House 27 November 2019

Falkirk couple allowed proof before answer in case against whisky aging facility

A couple from Falkirk have succeeded in getting a proof before answer in their case against a whisky company.

Court of Session Outer House 16 August 2019

Asylum seekers’ legal challenge to housing provider’s ‘unlawful’ lock-changing protocol fails

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