Case archive



Guarantee agreement between biogas company and sub-contractor resolved in favour of neither party

A dispute concerning the terms of a guarantee agreement between a biogas company that instructed a contractor to build it an anaerobic digestion plant in Aberdeenshire and the contractor’s sub-contractor has been resolved in favour of neither party.

Court of Session Outer House 15 May 2020

Inner House rules property development firm that managed flats “not a property factor”

A property development firm has succeeded in appealing a decision of the Upper Tribunal for Scotland that they were considered the property factors of a building under the Property Factors (Scotland) Act 2011 and were required to comply with the Property Factor Code of Conduct.

Court of Session Inner House 14 May 2020

Oil and gas company’s proposed schemes of arrangement approved

An oil and gas group had has its petition for sanction of schemes of arrangement under part 26 of the Companies Act 2006 granted by the Outer House of the Court of Session.

Court of Session Outer House 13 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

Perth and Kinross Council's petition for judicial review of call-in notice dismissed

The Outer House of the Court of Session has refused a petition for judicial review of the decision by the Scottish Ministers to issue a call-in notice in respect of a local authority’s decision to implement a proposal to close a rural primary school.

Court of Session Outer House 11 May 2020

Man detained in psychiatric hospital refused permission to appeal SLCC decision

A man currently detained in a psychiatric hospital has been refused permission to appeal a decision of the Scottish Legal Complaints Commission regarding the service he received from a solicitor.

Court of Session Inner House 7 May 2020

Early childhood practitioner loses appeal against temporary suspension

An early-years practitioner who was given a Temporary Suspension Order (TSO) after her fitness to practice was called into question has been unsuccessful in challenging the decision.

Sheriff Court 6 May 2020

Council ordered to re-consider planning application for Cumbernauld retail park expansion

The owners of a shopping centre in Cumbernauld have succeeded in a petition for judicial review made against a decision of North Lanarkshire Council to grant planning permission for a major development near Cumbernauld Town Centre.

Court of Session Outer House 5 May 2020

Advocate has limited success in complaint eligibility appeal

An advocate who was alleged to have acted inappropriately in commercial proceedings regarding location-based dating apps has succeeded in having one of four complaints made against him quashed, with the other three remaining eligible for investigation.

Court of Session Inner House 4 May 2020

Chief Constable of Police Scotland not vicariously liable for psychiatric harm to ex-undercover officer

The Inner House of the Court of Session has granted decree of absolvitor to the Chief Constable of Police Scotland for the actions of a police officer towards a member of the public.

Court of Session Inner House 1 May 2020

Appeal on leading evidence of complainer's previous sexual conduct refused

The appellant, SJ, was due to appear at trial on three charges. The first was for sexual assault, the second for rape, and the third for perverting the course of justice by disposing of his mobile phone to prevent the police from gaining access to information in it. The appeal was heard by Lord Malcolm, Lord Turnbull, and Lord Pentland, all three of whom gave opinions. Previous conduct At the time of the alleged offenc

Appeal Court of the High Court of Justiciary 30 April 2020

Renewable energy firm's appeals over Moscow wind farm refused

A renewable energy firm that was held to be in breach of planning control in respect of a wind farm development has had its appeals to the Inner House of the Court of Session refused.

Court of Session Inner House 29 April 2020

Man who raped woman in hotel loses appeal against conviction

A man who was sentenced to six years’ imprisonment for raping a woman in an Edinburgh hotel has had his appeal against conviction refused.

Appeal Court of the High Court of Justiciary 28 April 2020

Article 6 of ECHR ‘not engaged’ in dispute over £40 fixed penalty notice

A man who petitioned for judicial review of the Antisocial Behaviour etc. (Scotland) Act 2004 after being issued with a £40 fixed penalty notice has had his appeal against the refusal of his petition refused.

Court of Session Inner House 27 April 2020

Lothian valuation board wins appeal over council tax on ‘golden share’ affordable housing

The Inner House of the Court of Session has allowed an appeal on how affordable housing units subject to ‘golden share’ provisions ought to be valued for council tax purposes.

Court of Session Inner House 24 April 2020