Case archive

Inner House rejects appeal against refusal of permission for North Lanarkshire energy-from-waste development

A bio-energy company whose appeal against the refusal of an application for planning permission for an energy-from-waste installation was refused by the Scottish Ministers has failed to appeal that decision in the Inner House of the Court of Session.

Court of Session Inner House 16 September 2021

English Court of Appeal rules polygamous second wife of deceased Pakistani man not entitled to bereavement benefits

The English Court of Appeal has allowed an appeal by the Secretary of State for Work and Pensions against a decision that a widow of a formerly polygamous marriage was entitled to Bereavement Payment and Widowed Parent’s Allowance.

England and Wales Court of Appeal 17 September 2021

City council grant of planning permission for e-bike station declared ultra vires by Outer House

A judge in the Outer House of the Court of Session has declared that a purported planning grant for an e-bike docking station outside a Category B listed tenement building in Dundee is ultra vires and of no effect after the decision was challenged by locals.

Court of Session Outer House 15 September 2021

Sheriff finds death of chronically ill prisoner at HMP Addiewell could have been avoided

A sheriff has determined that the death of a prisoner in Scotland’s only privately-run prison could potentially have been avoided were it not for defects in the prison’s then-current system of working.

Sheriff Court 14 September 2021

Outer House awards £290,000 in damages to family of man who died in diving boat accident

The family of a 50-year-old man who died after having an accident on a diving boat near Cape Wrath have been awarded £290,000 in damages by a judge in the Outer House of the Court of Session.

Court of Session Outer House 13 September 2021

Glasgow sheriff orders Brexit Party to pay £22k in unpaid invoices to advertising firm

A sheriff has ordered the Brexit Party to pay just over £22,000 in unpaid invoice expenses to an advertising company based in Glasgow.

Sheriff Court 10 September 2021

High Court refuses appeal against trial judge’s decision to review evidence admissibility in sexual offences trial

An appeal by a man charged with 19 sexual offences against six different complainers challenging a trial judge’s decision to review orders allowing certain evidence to be led by him has been refused by the High Court of Justiciary.

Appeal Court of the High Court of Justiciary 9 September 2021

Prisoner recalled from community release on two previous occasions fails in challenge of decision not to release him on licence

A prisoner who challenged a decision of the Parole Board that he should not be released from prison on licence has had his petition for judicial review of the decision refused by the Outer House of the Court of Session.

Court of Session Outer House 8 September 2021

Sheriff Appeal Court finds certificate for repair costs on burdened farm property contained manifest errors

The Sheriff Appeal Court has determined that a certificate of repairs issued by the proprietors of a farm in respect of a real burden to the purchasers of the burdened property contained manifest errors preventing it from being wholly enforceable.

Sheriff Appeal Court 7 September 2021

Inner House declines to direct that trustee of £1.35 million estate can leave part of it to charity with similar name to non-existent one named in will 

The Inner House of the Court of Session has refused to direct that the sole executor of a late South African woman who left part of her estate to charity can donate it to a charity with a similar name to a non-existent one named in the will.

Court of Session Inner House 6 September 2021

Outer House judge rules children of dual citizens acquired habitual residence in Scotland despite contract agreeing they would not

A judge in the Outer House of the Court of Session has ruled that two children of UK citizens who emigrated to New Zealand acquired habitual residence in Scotland following the couple’s divorce.

Court of Session Outer House 2 September 2021

Edinburgh sheriff orders council to hand over report into abuse to whistleblower employee

A sheriff in Edinburgh Sheriff Court has found that a local authority employee who acted as a whistleblower in its education department is entitled to an unabridged copy of an independent report into the events surrounding his original protected disclosures.

Sheriff Court 1 September 2021

Outer House rejects three of four contentions in payment fraud action by business banking customer

A judge in the Outer House of the Court of Session has rejected three of four contentions by a fabric business that their bank breached a duty to exercise reasonable skill and care in relation to their account after they sent over £500,000 from their account to a fraudster.

Court of Session Outer House 31 August 2021

CJEU rules prohibitions on religious clothing in workplaces may not constitute direct discrimination

The Court of Justice of the European Union (CJEU) has made a preliminary ruling that workplace rules preventing the wearing of religiously mandated clothing do not of themselves constitute direct discrimination based on religious belief. 

European Court of Justice 30 August 2021

Man with 34 previous convictions wins sentencing appeal after assaulting friend and ex-partner

A man who was convicted of assaulting his friend and ex-partner and of attempted murder of the former has had his sentence reduced by 3 years after an appeal to the High Court of Justiciary. 

Appeal Court of the High Court of Justiciary 27 August 2021