Case archive

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

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

Sheriff’s decision to impose supervised release order in addition to long-term sentence ‘incompetent’

A serial offender with over 100 previous convictions has successfully challenged a sheriff’s decision to impose a supervised release order (SRO) after he was sentenced to four years’ imprisonment for an attempted robbery and a separate statutory breach of the peace.

Appeal Court of the High Court of Justiciary — 19 March 2019

Abusive husband fails in financial claim in divorce action

A man who physically abused his wife and failed to contribute to the household finances or assist with raising the couple’s four children has had a claim for financial provision upon divorce rejected by a sheriff.

Sheriff Court — 20 March 2019

Amenity area maintenance burden did not create ‘monopoly’, Sheriff Appeal Court rules

A property management company has successfully challenged a sheriff’s decision that a burden requiring homeowners in a housing scheme to contribute to the costs of maintaining open ground in the estate owned by the maintenance company was void because it created a “monopoly”.

Sheriff Appeal Court — 18 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

Rapist convicted of assaulting fellow prisoner fails in appeal against order for lifelong restriction

A serial offender who was sentenced to an order for lifelong restriction (OLR) following his fourth High Court appearance has had an appeal against a judge’s decision to impose the OLR rejected.

Appeal Court of the High Court of Justiciary — 13 March 2019

Bank employee who stole customers’ cash has prison sentence cut following appeal

A bank employee who stole more than £50,000 from customers’ accounts has had his sentence reduced following an appeal.

Appeal Court of the High Court of Justiciary — 12 March 2019

Woman granted interdict to prevent solicitors’ firm acting for estranged husband in divorce action

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

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

Supreme Court: Pearse Jordan’s mother wins appeal against stay in damages case

A Northern Ireland woman has successfully appealed the decision of the Northern Ireland Court of Appeal to order a stay on her application for damages for the state’s failure to carry out a prompt investigation into the circumstances of her son’s death, in violation of Article 2 ECHR.

UK Supreme Court — 8 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

Man who posted ‘Nazi dog’ video has human rights appeal bid dismissed as ‘unarguable and incompetent’

The High Court of Justiciary has published its reasons for rejecting an application for permission to appeal by a man found guilty of posting a “grossly offensive” video online showing a “Nazi dog”.

Appeal Court of the High Court of Justiciary — 6 March 2019

James Bulger’s father fails in legal bid to reveal information about Jon Venables

A judge has dismissed an application by the father of the late James Bulger to amend a lifelong anonymity order protecting the identity of one of his son’s killers.

England and Wales High Court — 5 March 2019

Aberdeen 1 - 0 No Kingsford Stadium 

An environmental campaign group which sought reduction of a decision by Aberdeen City Council to grant planning permission for the development of a new stadium for Aberdeen Football Club have had their legal challenge dismissed.

Court of Session Outer House — 4 March 2019