Case Reports

Appeal judges have published their reasons for rejecting a challenge by the chairman of Rangers Football Club to a court order requiring him to make an offer for all the issued ordinary share capital of Rangers International Football Club Plc not already controlled by him. A judge had found in favou

A man who claimed he was struck by a car when he was a primary school boy more than 50 years ago in an accident which he could not remember and of which there was almost no evidence has had has claim for £650,000 in damages against a Scottish local authority dismissed. A judge in the Court of Sessi

An energy company which was seeking £130 million in damages from an engineering contractor following the collapse of a tunnel at a Fort Augustus hydro-electric scheme nearly a decade ago has won an appeal. By a majority of two-to-one, the Inner House of the Court of Session allowed a reclaiming mot

A housing association tenant whose application to purchase her home under “right to buy” legislation was refused has had her appeal against the decision dismissed. The Inner House of the Court of Session upheld a ruling of the Lands Tribunal for Scotland to the effect that the application was �

A widow whose husband died after being choked by a pub bouncer has won a legal battle against insurers after suing the door steward’s former employers for damages. A judge in the Court of Session ruled that an insurance company, which was seeking to avoid paying out on the basis that its liability

A man who was arrested and convicted of using symbols of unconstitutional organisations after he posted a photo of SS chief Heinrich Himmler wearing a swastika armband on his blog in 2014 has failed in his appeal to the European Court of Human Rights. The applicant, Hans Burkhard Nix, has a blog on

An angling group has won a legal battle to sue Scottish Water over a spillage of high-purity acid into a river following an appeal. Devon Angling Association raised an action seeking damages after 12,000 litres of 96 per cent concentrated sulphuric acid leaked into the River Devon from a tank at Sco

A man who was sentenced to five-and-a-half months’ imprisonment for assaulting his wife with one month attributed to a breach of a Community Payback Order (CPO) has had his sentenced reduced after appeal sheriffs ruled that the sheriff’s approach was “fundamentally flawed”. The Sheriff Appea

A man found guilty of dangerous driving who claimed that there was “insufficient evidence” to corroborate his admission that he was the driver and that the warning he received from police that he was to be prosecuted was given “at the time the offence was committed” has had his appeal agains

A Scottish local authority which raised an action for £12 million in damages over the loss of a social housing development claiming that a firm of architects appointed as lead consultant had “assumed responsibility” for the other contractors’ negligence has had its claim dismissed following a

The owners of a Scottish estate who were seeking to challenge a decision to the effect that they had breached “the right to roam” by locking three gated entrances to the land and by erecting a sign warning of wild boar have had their appeal dismissed. The Inner House of the Court Session has ref

A Scottish local authority which failed to provide an adequate plan to support an autistic child’s return to secondary school breached its duty not to discriminate on the grounds of disability. The Inner House of the Court of Session refused an appeal by Edinburgh City Council against an Additiona

The family of a mechanical fitter who died of an asbestos-related illness in England after inhaling the deadly dust while working as an apprentice at a shipbuilding company in Scotland will have to pursue their claim for damages under English law, a judge in the Court of Session has ruled. Relatives

Two dogs that were sentenced to death for being “dangerously out of control” have been given a stay of execution after their owners successfully appealed against court orders for their destruction. The Sheriff Appeal Court quashed the orders made against Sasha the Rottweiler and Floyd the Staffo

A petition seeking judicial review of the United Kingdom Government’s “position” on the revocability of a notice of intention to withdraw from the European Union in terms of Article 50.2 of the Treaty on European Union has been granted permission to proceed following an appeal. The Lord Ordina