Case archive

Pursuer’s action against two defenders for ‘separate wrongs’ based on joint and several liability dismissed as ‘incompetent’

A property developer which sued two separate companies for breaches of contract after both failed to complete the purchase of an area of land has had an action based on joint and several liability dismissed as “incompetent”.

Court of Session Outer House 8 March 2016

Liquidator’s £28m action against solicitors’ firm following collapse of hedge fund to proceed

The liquidator of a multi-million pound hedge fund who raised an action against the company’s solicitors alleging that the firm “breached its fiduciary duties” to its client will be able to pursue its claim.

Court of Session Outer House 5 March 2016

Claim by way of plea is ‘effective’ to interrupt prescription in relation to an obligation

A claim made by way of a plea is a “relevant claim” sufficient to interrupt the running of the five-year prescription period, appeal judges have ruled.

Court of Session Inner House 7 March 2016

Car dealer not responsible for unremovable adverts associated with manufacturer

The Court of Justice of the European Union (CJEU) has ruled that authorised Daimler dealers are not responsible for advertisements which, despite their efforts to have them removed, continue to associate their name with the trade mark “Mercedes-Benz” on the internet and also that Daimler cannot require those dealers to take steps to remove such advertisements from websites where they have not been ordered.

4 March 2016

Luxembourg court confirms citrus fruit labelling rules

The Court of Justice of the European Union (CJEU) has confirmed that citrus fruit labelling indicating the preserving agents and other chemical substances used in post-harvest processing is compulsory.

4 March 2016

Judge rules company failed to serve valid notice of claim as parties ‘did not intend to allow deviation from provisions on service’

A company which bought a whisky distillers and sought to intimate a £500,000 claim against the sellers has had its damages action rejected after it failed to serve a valid notice.

Court of Session Outer House 29 February 2016

Solicitor for borrower owed duty of care to lender for 'negligent misstatement', appeal judges rule

A bank which granted a loan to company for the purchase of four commercial units but due to a solicitor’s “negligent misstatement” discharged the entire security when it ought to have been left in place in relation to two of the units is entitled to damages, appeal judges have ruled.

Court of Session Inner House 24 February 2016

Crown’s ‘double jeopardy’ application to retry Francis Auld for murder of Amanda Duffy refused

A Crown application to prosecute anew a man acquitted of murder nearly 25 years ago has been refused.

High Court of Justiciary 22 February 2016

Lord Advocate’s prosecution policy on assisted suicide is ‘in accordance with law’

The failure by the Lord Advocate to adopt and publish a policy identifying the facts and circumstances which he will take into account in deciding whether or not to authorise the prosecution in Scotland of a person who assists another to commit suicide does not breach human rights law, appeal judges have ruled.

Court of Session Inner House 19 February 2016

Minister wins appeal against sexual assault convictions after sheriff’s ‘misdirection’ on hearsay evidence

A minister who was found guilty of sexual assault charges has successfully appealed against his conviction after appeal judges ruled that the trial judge had “misdirected” the jury.

High Court of Justiciary 18 February 2016

Company’s VAT repayment from HMRC liable to corporation tax Supreme Court rules

The Supreme Court has ruled a company’s VAT repayments, made after it overpaid VAT, are liable to corporation tax.

UK Supreme Court 17 February 2016

Fruit and veg growers entitled to damages following de-recognition from aid scheme in breach of EU law

A group of fruit and vegetable growers from Angus are entitled to reparation for the “loss and damage” incurred as a result of the withdrawal of recognition of their producer association for an EU financial aid scheme, a Court of Session judge has ruled.

Court of Session Outer House 17 February 2016

Sheriff’s refusal to impose ‘risk of sexual harm order’ on gymnastics coach was ‘flawed’

A gymnastics coach has been made the subject of an interim “risk of sexual harm order” after the police successfully challenged a sheriff’s decision to refuse to make the order.

Sheriff Court 11 February 2016

Application for leave to appeal against decision of SLCC refused as ‘out of time’

An application for leave to appeal against a decision of the Scottish Legal Complaints Commission to refuse a complaint as “totally without merit” has been refused.

Court of Session Inner House 10 February 2016