Case archive



Local authority successfully claims portion of commercial sub-lease cancellation fee

A local authority that claimed it was entitled to a percentage of a termination fee paid by a sub-lessee to the head tenant of a shopping centre it leased out has succeeded in establishing its entitlement to the monies. 

Court of Session Outer House 25 September 2020

Petition of Iranian asylum seeker who transported Kurdish political party members refused by Outer House

An Iranian asylum seeker who claimed to be at risk because he was suspected of supporting a Kurdish political party has had his petition for judicial review of the decision to refuse his claim rejected. 

Court of Session Outer House 17 September 2020

El Salvador asylum seeker wins appeal against tribunal decision

An asylum seeker who claimed to fear persecution from a criminal gang in El Salvador has succeeded in challenging the finding of the Upper Tribunal that there were no arguable grounds of appeal against the original decision. 

Court of Session Outer House 14 September 2020

Iranian asylum seeker fails to challenge Home Office certification of unfounded claim

An Iranian citizen who sought asylum in the UK after failing to obtain asylum in Germany has failed to challenge a Home Office decision that his case was clearly unfounded and therefore could not be considered by an immigration tribunal.

Court of Session Outer House 11 September 2020

Construction firm fails to establish council’s breach of transparency obligations in tender process

A construction company that unsuccessfully tendered for a local authority contract has failed to establish that the local authority was in breach of transparency obligations imposed on it by the Public Contracts (Scotland) Regulations 2015. 

Court of Session Outer House 8 September 2020

Barlinnie prisoner who was released and then detained again loses judicial review case

A convicted prisoner detained at HMP Barlinnie subject to an order for lifelong restriction has had his petition for judicial review of the decision of the Scottish Ministers and Glasgow City Council not to conduct any risk assessment exercises in relation to him refused. 

Court of Session Outer House 4 September 2020

Child abduction order for Italian girl temporarily placed into foster care refused

A mother who applied for an order under the Child Abduction and Custody Act 1985 on the basis that her child had been wrongfully retained in Scotland has had her petition refused on the ground that the child was not habitually resident in Italy.

Court of Session Outer House 31 August 2020

Outer House allows proof to determine creditors of AWPR construction venture

The Outer House of the Court of Session has allowed a proof to determine the true creditors of the incorporated joint venture responsible for the construction of the Aberdeen Western Peripheral Route in an action of multiplepoinding raised at the instance of the joint venture.

Court of Session Outer House 18 August 2020

Arbroath strawberry farmer successfully refutes exclusive jurisdiction argument in defective polythene dispute

A strawberry farmer in Arbroath who was supplied with defective polythene sheeting has succeeded in establishing that the contractual dispute between his company and the sheeting’s supplier could be heard in the Scottish courts. 

Court of Session Outer House 17 August 2020

Patent for power tool vibration monitoring device upheld by Outer House 

A patent for a monitoring apparatus for handheld power tools has been held to be valid following a challenge of its validity in a patent infringement case. 

Court of Session Outer House 5 August 2020

Motion to cap expenses in action seeking to establish possibility of indyref2 without UK consent refused

The Outer House of the Court of Session has refused to grant a protective expenses order to cap expenses in an action seeking declarator that the Scottish Parliament has power to legislate for a second independence referendum.

Court of Session Outer House 4 August 2020

Outer House grants divorce to Russian wife of Scotsman living in Dubai

The Outer House of the Court of Session has granted a decree of divorce to a domiciled Scot and his spouse living in Dubai.

Court of Session Outer House 31 July 2020

Edinburgh coffee shop owner fails to challenge reduction in COVID-19 grant for multiple premises

The owner of six coffee shops in Edinburgh who received reduced support under the Scottish Ministers’ grant scheme for hospitality businesses during the COVID-19 pandemic has failed to challenge the decision of the Scottish Ministers to give smaller additional grants to businesses with multiple properties.

Court of Session Outer House 27 July 2020

Prisoner serving life sentence loses challenge against refusal of legal aid

A prisoner serving a life sentence who submitted freedom of information requests for information he believed would help prove his innocence has had a petition for judicial review of the decision not to grant him legal aid refused.

Court of Session Outer House 17 July 2020

Construction firm loses sale of goods action over driving hammer

A construction company has failed in its action against a company it alleged had sold it a defective pile driving hammer, causing it to be unable to fulfil its obligations under another contract.

Court of Session Outer House 16 July 2020