Case archive



Outer House finds commercial landlord entitled to payment for repair costs following termination of lease

A landlord of commercial premises in Aberdeenshire whose former tenant refused to pay for the cost of work to the property at the end of their tenancy has successfully obtained a decree for payment from the Outer House of the Court of Session.

Court of Session Outer House 22 April 2021

Outer House judge orders proof in action by historic Aberdeen society seeking repayment of funds from members

A commercial judge in the Outer House of the Court of Session has allowed a proof in an action raised by a centuries-old Aberdeen society against five of its members to recover money said to have been wrongly paid to them.

Court of Session Outer House 19 April 2021

Former Ryanair pilot’s judicial review petition challenging HMRC statutory loan charge refused

An Irish airline pilot who was allegedly forced into self-employment and began using a payment scheme regarded by the tax authority as tax avoidance as a result has failed to challenge the effectiveness of a charge imposed on him for taxes on outstanding loans technically due by him under the scheme.

Court of Session Outer House 15 April 2021

North Lanarkshire man who distributed TV shows online banned from further infringing TV network’s copyright

A judge in the Outer House of the Court of Session has granted an interdict against a North Lanarkshire man preventing him from copying UK TV programmes and distributing them to internet users through various social platforms.

Court of Session Outer House 8 April 2021

Outer House judge finds Scottish Child Abuse Inquiry reporting restrictions 'unwise' but necessary

A petition by the BBC challenging the restrictions placed upon the reporting of an Employment Tribunal claim worth over £2 million against the Scottish Child Abuse Inquiry has been refused by the Outer House of the Court of Session.

Court of Session Outer House 7 April 2021

OLR prisoner’s judicial review petition challenging parole board release refusal decision fails

A prisoner who was sentenced to an Order for Lifelong Restriction in September 2008 and was refused release by a tribunal of the Parole Board for Scotland has been unsuccessful in petitioning for a judicial review of its decision.

Court of Session Outer House 31 March 2021

Outer House judge finds closure of Scottish churches disproportionate interference with human rights

A judicial review petition by 27 religious leaders in Scotland challenging the legitimacy of the Scottish Ministers’ decision to close places of worship in January 2021 has succeeded in the Outer House of the Court of Session. 

Court of Session Outer House 26 March 2021

Challenge to definition of 'woman' in public boards legislation rejected by Outer House

A petition for judicial review of the legislative competence of parts of the Gender Representation on Public Boards (Scotland) Act 2018 brought by a private company has been rejected by a judge in the Outer House of the Court of Session.

Court of Session Outer House 25 March 2021

Outer House judge finds Edinburgh harbour developers not entitled to reconveyance of tram route from city council

A property development firm has failed to establish that it was entitled to a reconveyance of a tram line route sold to its predecessors in title that was subsequently re-acquired by the local authority that originally sold it under a compulsory purchase order.

Court of Session Outer House 23 March 2021

Outer House judge refuses to overturn expulsion of three members from historic Aberdeen porters’ society

A judge in the Outer House of the Court of Session has ruled that three former members of a centuries-old Aberdeen association who were expelled for an alleged rule breach were not immune to expulsion by virtue of a change in their membership status.

Court of Session Outer House 12 March 2021

Outer House rejects immigration appeal by Pakistani citizen with UK criminal record

A Pakistani citizen who challenged the decision to remove him from the UK on the grounds of his family life has had his petition for judicial review of the Upper Tribunal’s decision not to permit him to appeal the decision refused.

Court of Session Outer House 2 March 2021

Outer House allows damages action by former private school student alleging camping trip rape to continue

A judge in the Outer House of the Court of Session has allowed the action of a woman seeking £1.5 million in compensatory damages from her former school to continue after the company that ran the school sought to have it dismissed without a proof.

Court of Session Outer House 25 February 2021

Outer House judge finds Edinburgh council in breach of duties towards homeless refugee

A judge in the Outer House of the Court of Session has found that a local authority acted unlawfully in failing to provide assistance to a homeless Sudanese refugee living in Scotland.

Court of Session Outer House 22 February 2021

Outer House rejects Crown defence to malicious prosecution suit

A judge in the Outer House of the Court of Session has rejected a defence pled by the Crown in response to an action for damages for wrongful and malicious prosecution brought by a man who was unsuccessfully prosecuted for fraud for his role in the acquisition of Rangers FC by Craig Whyte in 2011 prior to the club entering administration.

Court of Session Outer House 18 February 2021

‘Hypothetical’ indyref2 case rebuffed in Outer House

The Outer House of the Court of Session has refused to grant declarator to the effect that the Scottish Parliament should be able to legislate for a second referendum on Scottish independence without the consent of Westminster, calling the action “hypothetical, academic, and premature”.

Court of Session Outer House 8 February 2021