Case archive



Inner House rules oral hearing not required in review of decision to refuse judicial review

The Inner House of the Court of Session has ruled that a Lord Ordinary is not required to appoint an oral hearing when considering a request for judicial review of a decision by another Lord Ordinary to refuse a petition for judicial review.

Court of Session Inner House 2 July 2020

Inner House rules Motherwell tenant in sisted breach of duty action allowed to amend proceedings

A tenant of a local authority housing site in Motherwell has successfully sought a review of the decision not to allow her to amend her pleadings in an action for damages against her landlords.

Court of Session Inner House 29 May 2020

Wings Over Scotland blogger loses defamation appeal against former Scottish Labour leader

A blogger who sued the former leader of the Scottish Labour Party for defamation for calling him “homophobic” in response to a tweet he had made about a Scottish Conservative Party MSP has had his appeal refused.

Court of Session Inner House 28 May 2020

Chief Constable of Police Scotland not vicariously liable for psychiatric harm to ex-undercover officer

The Inner House of the Court of Session has granted decree of absolvitor to the Chief Constable of Police Scotland for the actions of a police officer towards a member of the public.

Court of Session Inner House 1 May 2020

Edinburgh City Council loses planning appeal over waterfront development

A city council that refused to allow a developer to proceed with the development of a mixed-use site without complying with a condition of their original planning permission has had their appeal against a decision to allow it refused.

Court of Session Inner House 17 April 2020

Doctor loses appeal against medical tribunal’s decision she falsified report

A doctor who was removed from the medical register after being found to have intentionally falsified parts of a medical examination has had her appeal against the decision refused.

Court of Session Inner House 14 April 2020

Appeal judges reject ‘professional negligence’ claim against Scots lawyer

A couple who sued a Scots lawyer over the solicitor’s allegedly “negligent” advice in their purchase of a petrol station have had an appeal against a judge’s decision to dismiss their claim rejected.

Court of Session Inner House 18 March 2020

Court of Session overturns Land Court ruling on crofters’ rights to land sold after World War II

Land at Stornoway Airport is to be sold to a residential property developer after Highlands and Islands Airport (HIA) successfully challenged a Scottish Land Court ruling that the disputed areas remained subject to crofting tenure.

Court of Session Inner House 4 March 2020

Death by driving motorist’s £500,000 damages appeal against GP over prescription drugs which ‘caused black-out’ dismissed 

A motorist found guilty of causing death by dangerous driving who claimed that he “blacked out” behind the wheel as a result of medication he was prescribed has had a £500,000 damages action against his GP dismissed following an appeal.

Court of Session Inner House 21 February 2020

Woman’s ‘unjustified enrichment’ appeal against former partner over half-share of house dismissed 

A woman who sued her former partner for more than £40,000 following the sale of their jointly owned home, claiming that he had agreed not to take his share of the property if their relationship ended, has had her “unjustified enrichment” action rejected by appeal judges.

Court of Session Inner House 6 February 2020

Family of death by dangerous driving victim granted civil jury trial in damages claim

The family of a woman who was killed in a road traffic accident have been granted a jury trial in a civil action against the motorist who was found guilty of causing her death by dangerous driving.

Court of Session Inner House 5 February 2020

Appeal judges reject single parent asylum seekers’ legal challenge over ‘mean spirited’ cuts to financial support

Two single parent asylum seekers who claimed that the reduction in the level of financial support available to them was “unlawful” have had their appeal rejected.

Court of Session Inner House 9 May 2019

Rangers administrators’ £14 million damages claims against Lord Advocate for ‘malicious prosecution’ to proceed to full hearing

Two former administrators of Rangers Football Club Plc who are suing the Chief Constable of Police Scotland and the Lord Advocate for £14 million in damages over their alleged “wrongful arrest, detention and prosecution” have successfully challenged a decision that Scotland’s top law officer was “immune” from civil action.

Court of Session Inner House 31 October 2019

Inner House puts decision in nobile officium case for Brexit extension letter on hold

An appeal court ruling in a legal action seeking a court order to force the Prime Minister to write a letter requesting a Brexit extension in the event that no deal has been agreed between the UK and the EU has been put on hold.

Court of Session Inner House 10 October 2019

First Division of Court of Session reaffirms notion of equivalent rights in allowing appeal on interpretation of collateral warranties

A contractor which was sued by a bank over its alleged “defective design and construction” of a retail development car park which flooded has successfully appealed against a judge’s decision that the claim against it was not time-barred because the action had been raised within five years of the parties signing a collateral warranty.

Court of Session Inner House 17 September 2019