Case Reports

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

Malicious prosecution can exist in civil proceedings as between private individuals, the Supreme Courthas ruled. Mr Gubay controlled a leisure company, Langstone, of which Mr Willers was a director. Mr Willers was later dismissed as director of Langstone and in 2010 Langstone sued Mr Willers for all

A bird conservation charity has successfully challenged plans to develop four offshore wind farms in the Firth of Forth and Firth of Tay. A judge in the Court of Session ruled that the decisions by the Scottish Ministers to grant consent for the construction of the marine electricity generating proj

ed by a flood in her engine room. Her main engine was damaged beyond repair. The flood was caused by (i) the crew’s negligence in failing to close the sea inlet valve in the emergency fire pumps, (ii) damage to the pumps, (iii) the negligence of previous contractors who had failed to seal bulkhead