Case archive

Legal arguments on competence to hold Scottish independence referendum conclude in Outer House

The Outer House of the Court of Session has heard a second day of oral submissions in an action seeking declarator that the Scottish Parliament has competence to hold a referendum on Scottish independence without the consent of Westminster.

Court of Session Outer House 25 January 2021

Man who secretly removed bank book from dead father’s home fails to have brother removed as executor of estate 

A judge in the Outer House of the Court of Session has refused a man’s petition for his brother and sister-in-law to be removed as executors of his late father’s estate and the executry completed by an appointed judicial factor. 

Court of Session Outer House 21 January 2021

Scottish creel fishers succeed in challenging rejection of fisheries proposal by Marine Scotland 

A Scottish fishing federation has succeeded in overturning a decision by the Scottish government not to move forward with a proposed pilot scheme affecting inshore fisheries around the Isle of Skye. 

Court of Session Outer House 13 January 2021

Building contractor successfully enforces adjudicator’s decision in school extension dispute

A building contractor that was hired to construct an extension at a school in Ayrshire has succeeded in an action to enforce an adjudicator’s award following a dispute with the local authority.

Court of Session Outer House 5 January 2021

Outer House rules no servitude exists between 300+ year-old Fife coastal homes

The proprietor of a 350-year-old coastal home in Fife has failed to establish the existence of a servitude right of access over a strip of land within the curtilage of a neighbouring property, either by prescription or by necessity.

Court of Session Outer House 22 December 2020

Outer House dismisses landfill operator’s action to recover unpaid waste tax from contractor 

A waste disposal and landfill operator that sought payment under a tax statute from a contracting company for not paying the correct amount of tax on hazardous waste material it sent has failed to obtain an order for payment. 

Court of Session Outer House 16 December 2020

Edinburgh hospitality businesses fail in challenge to continuation of Level 3 Covid-19 restrictions

The Outer House of the Court of Session has rejected a petition for judicial review by six hospitality businesses and a commercial let operator in Edinburgh challenging the Scottish Ministers’ decision to continue the operation of Level 3 Covid-19 restrictions in the city. 

Court of Session Outer House 14 December 2020

South African who cared for sick British mother refused deportation appeal

A South African national who challenged his deportation from the UK on the ground that he was required to look after his mother has had his petition challenging the decision of the Upper Tribunal not to allow him an appeal refused.

Court of Session Outer House 9 December 2020

Outer House dismisses $210m damages action alleging conspiracy to breach fiduciary duty

A man who claimed $210 million in damages for loss said to have been suffered partially because of a conspiracy to facilitate a breach of fiduciary duty by a solicitor has had his action dismissed in the Outer House of the Court of Session.

Court of Session Outer House 7 December 2020

Former company director found to have misappropriated business opportunities loses expenses appeal 

The former director of a media company who objected to the amount of legal expenses he was calculated to owe to his former employer has been unsuccessful in challenging the decision. 

Court of Session Outer House 26 November 2020

Nigerian citizen who didn’t receive visa correction letter has ILR refusal reversed

A Nigerian citizen who was refused indefinite leave to remain has successfully challenged the decision of the Home Secretary that there were no exceptional circumstances justifying the exercise of discretion in her favour.

Court of Session Outer House 5 November 2020

Outer House allows proof in action for reduction of dairy farmer’s loans 

The son of a deceased dairy farmer who entered into two loan agreements in respect of two farms has succeeded in obtaining a proof in his action to reduce the agreements. 

Court of Session Outer House 30 October 2020

Insurer that settled car crash injury action fails to have pursuer’s expenses reduced

An insurance company that settled an action raised by a car crash victim has failed in its bid to have the pursuer’s expenses modified to nil on the basis that the action was unnecessary.

Court of Session Outer House 20 October 2020

Greenpeace fails in petition for judicial review of oil field development decision

The environmental organisation Greenpeace has had its petition for judicial review of the decision to allow the development of a North Sea oil field refused.

Court of Session Outer House 12 October 2020

Aberdeen Harbour Expansion Project subcontractor establishes breach of contract by main contractor

A subcontractor involved in the Aberdeen Harbour Expansion Project has succeeded in establishing that the main contractor of the project breached the terms of their contract by omitting work within the scope of the subcontract and transferring it to other companies. 

Court of Session Outer House 2 October 2020