Case Reports

A woman who raised a damages action against a health board following the death of her care home resident husband will be allowed to pursue her claim, after a judge in the Court of Session ruled that she had averred “more than the bare bones of a case”. The judge rejected the health board’s arg

A road traffic accident victim who sought to challenge a judge’s charge to a jury after the jurors had retired to consider their verdict in her damages claim against the driver who knocked her down has had her note of exception dismissed because it came “too late”. A judge in the Court of Sess

Damages claims against motor insurance bureaus should be determined according to the law of the state in which the accident occurred, the Supreme Court has ruled. Ms Moreno is a UK resident. In May 2011, whilst on holiday in Greece, she was hit by a car. The car was registered in Greece and driven b

The High Court has held that NHS England erred in law by refusing to consider the funding of an anti-retroviral drug that would ultimately save the health service money by reducing the occurrence of HIV and AIDS by upwards of seventy-five per cent. The National Aids Trust (NAT), a charity specialisi

An attempt to commit the statutory offence of rape is an indictable crime, appeal judges have ruled. The Criminal Appeal Court held that an attempt to commit the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009 was a competently libelled charge, in refusing an appeal agains

A housing association pursuing a claim for damages against a sub-contractor has successfully applied to rectify a contract following a dispute about the identification of the company which granted it a warranty. A judge in the Court of Session granted decree of rectification after rejecting the defe

The Christian Institute and others’ appeal against the Scottish government’s Named Person scheme has been unanimously allowed by judges in the Supreme Court on the basis the information sharing provisions in Part 4 are incompatible with Article 8 ECHR — meaning the legislation will not be brou

A legal bid to remove the so-called “Independence Camp” from the grounds of the Scottish Parliament has been granted after a judge in the Court of Session ruled that such a move would not breach the protestors’ human rights. Lord Turnbull held that the order sought by the petitioners was “pr

In a claim to set aside a compromise on the basis of fraudulent misrepresentation, the defrauded representee need not prove it settled in the belief the misrepresentation were true in order to demonstrate influence by or reliance on that misrepresentation. The respondent, Mr Hayward, suffered an inj

A golf club which sued the suppliers of an electric trolley after a “Motocaddy” caught fire and caused extensive damage to a clubhouse has had an action for more than £500,000 damages refused following an appeal. Judges in the Inner House of the Court of Session upheld a decision of the Lord Or

The question whether enhanced protection depends on a right of permanent residence has been referred to the Court of Justice of the European Union by the Supreme Court in a case in which the Home Secretary tried to deport an Italian national following completion of his sentence for manslaughter. Lor

The Scottish Ministers have successfully challenged a judge’s decision to reduce a planning consent granted for the development of a new wind farm near Fort Augustus. Appeal judges in the Inner House of the Court of Session overturned a decision of the Lord Ordinary, who allowed a petition for jud

A solicitor who resigned as a partner in a Scots law firm following a dispute about his entitlement to certain payments has failed in his claim against the firm. Judges in the Inner House of the Court of Session allowed an appeal by RGM Solicitors against former partner John Fraser Tait, after rulin

When a worker puts an end to their employment relationship they are entitled to an allowance if they could not use up all or part of their right to paid annual leave, the Court of Justice of the European Union has ruled. Hans Maschek, a civil servant of the city of Vienna, retired, at his own reques

The owners of a pub and proprietors of properties within a tenement which was destroyed by a fire are to be awarded more than £2 million in damages after a judge ruled that the building’s electricity suppliers were at fault for the blaze. The Court of Session held that the electricity company wer