Case archive

Outer House grants divorce to Russian wife of Scotsman living in Dubai

The Outer House of the Court of Session has granted a decree of divorce to a domiciled Scot and his spouse living in Dubai.

Court of Session Outer House 31 July 2020

English child care judge found to have potential bias after leaving remote link open

The Court of Appeal (Civil Division) has remitted care proceedings in respect of a baby whose brother died to the Family Division after finding that the original judge may have expressed bias against one of the parties when she made a number of pejorative comments to her clerk about the appellant including that she had tried “every trick in the book” to avoid having to answer difficult questions. 

England and Wales Court of Appeal 30 July 2020

Housing developers successfully challenge chapter of local development plan

Five housing developers have succeeded in challenging a chapter of the Inverclyde Local Development Plan concerning housing land supply on the ground of inappropriate methodology. 

Court of Session Inner House 28 July 2020

Edinburgh coffee shop owner fails to challenge reduction in COVID-19 grant for multiple premises

The owner of six coffee shops in Edinburgh who received reduced support under the Scottish Ministers’ grant scheme for hospitality businesses during the COVID-19 pandemic has failed to challenge the decision of the Scottish Ministers to give smaller additional grants to businesses with multiple properties.

Court of Session Outer House 27 July 2020

Council granted interdict against sale of farm it previously conveyed by feu disposition

A local authority has been granted an interdict against the sale of a farm in West Calder on the basis that a right of pre-emption contained in a feu disposition had survived the abolition of feudal tenure in Scotland.

Sheriff Court 24 July 2020

HMRC successfully appeals Upper Tribunal multi-purpose van classification decision

Her Majesty’s Revenue and Customs has successfully appealed a decision of the Tax and Chancery Chamber of the Upper Tribunal in which it held that certain modified company vehicles were to be taxed as vans and not cars.

England and Wales Court of Appeal 23 July 2020

Sheriff dismisses petition in case with solicitor without practising certificate

A sheriff has dismissed an undefended petition raised against a limited company by a pursuer represented by a solicitor without a practising certificate as incompetent and has informed the Lord Advocate of the case.

Sheriff Court 22 July 2020

Court of Appeal orders rehearing for child abduction application

A Polish national who made a return order for his young child under the 1980 Hague Child Abduction Convention has had his application remitted for rehearing following an appeal by the child’s mother.

England and Wales Court of Appeal 21 July 2020

Teacher removed from register for falling short of standards loses appeal

A teacher who was removed from the teaching register for misconduct has had her appeal against the decision of the General Teaching Council of Scotland to remove her refused.

Court of Session Inner House 20 July 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

Construction firm loses sale of goods action over driving hammer

A construction company has failed in its action against a company it alleged had sold it a defective pile driving hammer, causing it to be unable to fulfil its obligations under another contract.

Court of Session Outer House 16 July 2020

Private shareholders win share buyout contract dispute case

The majority shareholders of a private limited company have succeeded in an action to establish the terms of a contract between themselves and another shareholder with whom they were in dispute.

Court of Session Outer House 15 July 2020

Supreme Court: Man convicted of sexual crimes after being caught by 'paedophile hunters' fails in human rights appeal

A man who sent an adult posing as a 13-year-old boy a sexual image and arranged to meet him and who was thereafter convicted of sexual offences has had his human rights appeal to the Supreme Court unanimously dismissed.

UK Supreme Court 15 July 2020

Aberdeen kilt shop fails to establish extended road maintenance duty for city council

An Aberdeen-based kilt shop has lost its challenge against the city council in respect of water ingress problems affecting its premises.

Court of Session Inner House 14 July 2020

Released sex offender fails to challenge ‘new relationships’ licence condition

A convicted sex offender who was released from prison on licence has failed in his challenge of a condition in his release licence requiring him to inform his supervising officer of any friendships, associations, or intimate or domestic relationships that he enters into with anyone.

Court of Session Outer House 13 July 2020