An “overstayer” who claimed that his removal from the UK to India would breach his human rights because he was engaged to a British woman has had a petition for judicial review dismissed. A judge in the Court of Session refused a challenge to a ruling that even if the petitioner was in such a re
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A father-of-two who claimed his wife abducted their children and “wrongfully removed” them from Australia to Scotland has had an application for their return to New South Wales refused. A judge in the Court of Session ruled that the the father had “acquiesced” in the mother’s wrongful remo
A Scottish legal firm has successfully challenged a decision of an arbiter to make an award in favour of a former partner who raised an action against his ex-colleagues following resignation from the partnership. A judge in the Court of Session ruled that the arbiter acted “ultra vires” and “c
The English Bridge Union (EBU) has failed in a legal challenge to have the card game recognised as a sport. A judge at the High Court in London ruled that the decision by English Sports Council- a non-departmental public body which provides government and lottery funding for sport in the community -
Lord Glennie A rapist who claimed that the Scottish Prison Service had failed in their duty to provide him with a reasonable opportunity for rehabilitation has had a petition for judicial review dismissed.
A golf club which sued the suppliers of an electric trolley after a “Motocaddy” caught fire and caused extensive damage to a clubhouse have had an action for more than £500,000 damages refused. A judge in the Court of Session dismissed the club’s claim that the producers and importers of the
A woman who was left permanently disabled after sustaining a “profound and irreversible” brain injury during her birth has had a late application to amend her claim against a health board refused. A judge in the Court of Session ruled that the minute of amendment, which proposed a new “risk di
A motion to remit a £25,000 damages action to the new national personal injury court has been refused by a judge in the Court of Session. Lord Boyd of Duncansby held that the fact that a claim was “small and straightforward” was not in itself enough to justify remit to the sheriff court.
The family of a boy who died in a tragic accident while attending the Royal Highland Show have had a motion for summary against the operators of the event refused. A judge in the Court of Session ruled that the pursuers failed to meet the “high test” required of them for their motion to succeed.
The owner of a farmhouse destroyed by a fire who claimed that the fire service failed to properly extinguish the blaze has had an action for damages dismissed. The pursuers argued that the fire brigade was liable in damages because the fire re-ignited after it had apparently been extinguished, but j
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. The sheriff held that it would not be “just” to impose the interim RSHO because the respondent had been suspende
The niece of a woman who signed a deed disponing of her family home to other members of the family has been granted decree of reduction on the grounds that her aunt was “incapax” at the relevant date. A judge in the Court of Session ruled that the deceased “did not have the necessary capacity
A man found guilty of murder whose conviction was later quashed following a successful appeal has had a legal bid for compensation for the years he spent in prison refused for a third time. A judge in the Court of Session dismissed the petition for judicial review of a decision to refuse the applica
A ferry operator that sued the Scottish Government after it unsuccessfully bid for a contract to provide services between the Northern Isles and mainland Scotland has failed in a £12 million damages action. A judge in the Court of Session dismissed the claim by Shetland Line (1984) Limited because
A legal bid to remove the so-called “Independence Camp” from the grounds of the Scottish Parliament will require a further hearing to determine whether such a move will breach the protestors’ human rights. A judge in the Court of Session refused to grant an order for removal until hearing evid