Case archive



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

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

Party litigants’ appeal against council’s refusal of guesthouse development rejected

A couple who challenged a Scottish local authority’s decision to refuse their application to redevelop a building for use as a hotel and guesthouse have had their appeal dismissed.

Court of Session Inner House 23 August 2019

Banker’s Court of Session damages appeal over failure of Court of Appeal to refer case to ECJ dismissed

A Singapore-based banker who raised an action for damages in Scotland following a refusal by the Court of Appeal in London to refer a question of EU law to the European Court of Justice, after his claim for unfair dismissal in the UK employment tribunal was rejected on the grounds that the tribunal lacked jurisdiction, has had an application for permission to appeal to the Court of Session dismissed.

Court of Session Inner House 4 July 2019

Planning appeal allowed after reporter abdicated duty to consider key issue of case

A Reporter for the Scottish Ministers was found to have erred in law by accepting without question the findings of the planning authority regarding the quantity of effective housing land supply in the area.

Court of Session Inner House 24 June 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

Scots lawyer wins appeal to have complaints dismissed as ‘totally without merit’ and ‘vexatious’ 

A solicitor who claimed that a series of complaints made against her should have been rejected as “totally without merit” or “vexatious” has successfully appealed against decisions by the Scottish Legal Complaints Commission to remit the claims to the Law Society of Scotland for investigation.

Court of Session Inner House 10 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

Appeal judges dismiss legal challenge against Scots law approving abortions at home

Campaigners who claimed that legislation allowing women to terminate pregnancies by taking abortion pills at home is “unlawful” have had their appeal rejected.

Court of Session Inner House 23 May 2019

Iraqi-Kurdish journalist wins appeal for reconsideration of asylum application

An Iraqi national of Kurdish ethnicity whose claim for asylum in the UK was refused will have his case reconsidered after appealing against the decision.

Court of Session Inner House 22 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