Case archive



Prorogation ‘unlawful’ because power was used for ‘improper purpose’ of ‘stymying parliament’

The Prime Minister’s advice to HM The Queen that parliamentary business at Westminster should be suspended for five weeks in the run up to “Brexit” undermined a “central pillar” of the constitution that the Government was accountable to Parliament.

Court of Session Inner House 13 September 2019

Prime Minister’s advice to the Queen to prorogue Parliament was ‘unlawful’

The Prime Minister’s advice to HM the Queen that the United Kingdom Parliament should be prorogued for five weeks in the run up to “Brexit” was “unlawful”, the Inner House of the Court of Session has ruled in a judgment whose full version will be published on Friday 13 September.

Court of Session Inner House 11 September 2019

Sheriff can rely on findings established at referral hearing in adoption proceedings

A sheriff may rely on facts established at a hearing on a ground of referral before a Children’s Hearing when considering an application for a permanence order, appeal judges have ruled.

Court of Session Inner House 29 August 2019

Nurse who was struck off fails in bid to challenge decision after appeal was lodged late

A mental health nurse who was struck-off has had an application to appeal against the decision rejected because it was lodged six days after the expiry of the statutory time limit.

Court of Session Inner House 12 June 2019

Businessman fails in appeal against Scottish judge’s decision to enforce Hong Kong court ruling

A businessman who challenged a Scottish judge’s decision to grant a decree ordering him to conform to a Hong Kong High Court ruling that he make a payout to a former associate has had his appeal dismissed.

Court of Session Inner House 30 May 2019

What’s in a name? – Appeal court dismisses mental health patient’s application to protect identity

A vulnerable woman who was made the subject of a hospital-based care and treatment order has had an application to prevent disclosure of her identity dismissed by appeal judges.

Court of Session Inner House 17 May 2019

House-builder wins appeal against decision to refuse permission for brownfield development

A house-builder has successfully appealed against a Scottish local authority’s decision to refuse planning permission for a new residential development.

Court of Session Inner House 16 May 2019

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

Tommy Sheridan fails in appeal for review of perjury conviction 

Tommy Sheridan has failed in an appeal to have his perjury conviction referred to the High Court of Justiciary to consider whether he suffered a “miscarriage of justice”.

Court of Session Inner House 15 April 2019

Widow wins appeal for insurance payout over death of husband following assault by bouncer

A widow whose husband died after being choked by a pub bouncer is entitled to an insurance payout after appeal judges dismissed an appeal by insurers of the door steward’s former employers.

Court of Session Inner House 25 February 2019

Dairy firm and housebuilder win appeal over Bridge of Allan housing development

A family dairy company and a housebuilder who challenged a Scottish local authority’s refusal to grant planning permission for a new housing development on green belt land have successfully appealed against the decision.

Court of Session Inner House 24 January 2019

Tommy Sheridan wins appeal for interest on £200,000 damages award for defamation

Tommy Sheridan is entitled to interest on the £200,000 damages he was awarded following his successful defamation action against the publishers of the News of the World, at the judicial rate of 8% per year from the date of the jury’s verdict in 2006 until the principal sum was paid in 2017, appeal judges have ruled.

Court of Session Inner House 12 December 2018

Children’s hearing’s decision that half-brother was not a ‘relevant person’ did not breach his human rights

A decision that a boy was not a “relevant person” for the purposes of attending a children’s hearing concerning his baby half-sister did not breach the older child’s human rights, appeal judges have ruled.

Court of Session Inner House 27 November 2018

Property owner’s damages action against RBS dismissed after Court of Session rules claim had prescribed

A property owner who sued the Royal Bank of Scotland for breach of contract over the mortgage lender’s early termination and demand for repayment of three loans has had his £160,000 damages action against bank dismissed following an appeal.

Court of Session Inner House 16 November 2018

Brexit Secretary’s application to appeal to UK Supreme Court in ‘Article 50’ case refused

The UK government has had an application for permission to appeal to the UK Supreme Court against the decision to refer the question of whether the Article 50 notification to leave the EU can be unilaterally revoked to the Court of Justice of the European Union refused.

Court of Session Inner House 9 November 2018