Case archive

Supreme Court rules disabled tenant needs extra protection from eviction

Disabled tenants in private or social housing could be given greater protection from eviction following a judgement from the UK’s highest civil court.

13 March 2015

Woman detained under mental health act loses appeal against transfer to Holland

A woman detained in a Scottish hospital under mental health legislation who challenged a warrant which was granted for her transfer to Holland had had an appeal against the decision refused.

13 March 2015

UKSC: Property developer wins case against bank over question of binding promise

A property developer who took a loan from a bank for the purchase and development of land in 2007 but which the bank argued was merely for the purchase of the land has won his appeal in the UK Supreme Court after it held the bank made a legally binding promise for sums covering both purchase and development.

UK Supreme Court — 11 March 2015

Mother of seriously disabled child wins negligence case on appeal to UK Supreme Court

A diabetic woman of small stature whose son was born with serious disabilities and who claimed she had not been fully informed of the risks of giving birth has won a unanimous appeal against a decision of the Inner House of the Court of Session in the UK Supreme Court.

UK Supreme Court — 11 March 2015

Son’s appeal against MHTS’s compulsory treatment order in relation to mother refused

The son of a woman with Alzheimer’s disease who challenged a decision of the Mental Health Tribunal for Scotland (MHTS) to make a compulsory treatment order (CTO) in relation to his mother has had his appeal refused.

6 March 2015

William Beggs fails in appeal against decision of Scottish Information Commissioner

The man found guilty of the “limbs in the loch” murder has had an appeal against a decision of the Scottish Information Commissioner concerning a freedom of information request he made to the Scottish Prison Service refused.

Court of Session Inner House — 5 March 2015

‘Unlawful’ police search of car for drugs did not result in unfairness, Criminal Appeal Court rules

Two accused persons charged with being concerned in the supply of cannabis resin after their car was stopped and “unlawfully” searched by police have had their appeals against a sheriff’s decision to dismiss their challenge to the admissibility of the evidence of the search refused.

High Court of Justiciary — 3 March 2015

Scottish council granted permanence orders in relation to three brothers

A Scottish local authority has been granted permanence orders in relation to three sibling children whose mother had a history of alcohol abuse, after a judge in the Court of Session ruled that it would be “better” for each of the three boys that an order be made than not.

Court of Session Outer House — 26 February 2015

Fire-damaged church owner’s counterclaim for insurance payout dismissed

The owner of a fire-damaged church whose claim on an insurance policy was repudiated by insurers has had a counterclaim for indemnification for losses arising from the blaze dismissed by a judge in the Court of Session.

Court of Session Outer House — 25 February 2015

Punishment part of 20 years was ‘not excessive’ for sex change murderer, appeal court rules

A woman who was jailed for a minimum of 20 years after being found guilty of murdering a vulnerable neighbour has had an appeal against the sentence imposed refused.

Appeal Court of the High Court of Justiciary — 24 February 2015

Criminal Appeal Court issues opinion to clarify function of sifting judge

The Criminal Appeal Court has issued an opinion designed to highlight the point that a decision of a sifting judge must relate to the questions posed in a stated case and not to the content of any earlier application to the court.

High Court of Justiciary — 23 February 2015

Judges refuse pig owner’s appeal against decision to allow council to take animals into care before sale

The owner of an abandoned heard of pigs and flock of hens has failed in an appeal against a sheriff’s decision to allow a Scottish local authority to take the animals into care and sell them.

Court of Session Inner House — 20 February 2015

Tottenham Hotspur held liable after player suffers brain damage following cardiac arrest

An English Premier League football club has been held “vicariously liable” after one of its youth team players suffered a cardiac arrest in his first match and was left brain damaged.

19 February 2015

Oil company’s M74 land contamination claim against Scottish Ministers to proceed to proof

An oil company is suing the Scottish Government over claims its property is being contaminated by “hazardous chemicals” released from land used for the M74 extension.

Court of Session Outer House — 18 February 2015

Girl hit by car wins reduction in assessment of contributory negligence on appeal to UKSC

A seriously injured girl whose contributory negligence in a car accident was assessed at 70 per cent in a decision of an Extra Division of the Inner House of the Court of Session and whose share of damages was calculated accordingly has won an appeal against the assessment by a majority of 3-2 in the UK Supreme Court (UKSC).

UK Supreme Court — 18 February 2015