Case archive



Prime Minister’s advice to Queen to prorogue Parliament ‘not unlawful’, judge rules

A legal challenge by a cross-party group of parliamentarians against the proposed suspension of the UK Parliament ahead of “Brexit day” has been dismissed.

Court of Session Outer House 4 September 2019

Judge rejects legal bid for interim suspension of decision to prorogue Parliament

A legal challenge brought by a cross-party group of parliamentarians to temporarily halt the effect of Prime Minister Boris Johnson’s advice to Her Majesty the Queen to shut down the UK Parliament ahead of “Brexit day” has been rejected.

Court of Session Outer House 30 August 2019

Construction company succeeds in legal challenge to refer dispute with hotelier to adjudication 

A construction company which is being sued for £3.8 million by a hotelier following a contractual dispute has successfully challenged a court ruling preventing it from having the case resolved by adjudication.

Court of Session Outer House 21 August 2019

Judge refuses leave to appeal against arbitrator’s award as decision was not ‘obviously wrong’

A party to an arbitration which was seeking to challenge an arbitrator’s award on the basis of an alleged “legal error” has had an application for leave to appeal against the decision refused. A judge in t

Court of Session Outer House 20 August 2019

Falkirk couple allowed proof before answer in case against whisky aging facility

A couple from Falkirk have succeeded in getting a proof before answer in their case against a whisky company.

Court of Session Outer House 16 August 2019

Prisoner who applied for early release on ground of previously successful curfew has judicial review petition refused

A short-term prisoner who was refused early release under Home Detention Curfew (HDC) under the Prisoners and Criminal Proceedings (Scotland) Act 1993 has had his petition against the decision rejected.

Court of Session Outer House 13 August 2019

Solicitor not negligent in failing to seek warranty from the seller of a petrol station

A couple who claimed their company’s solicitor had been negligent in his conduct during a purchase transaction have failed to establish negligence.

Court of Session Outer House 8 August 2019

Indian overstayer successfully challenges decision to reject leave to remain application

An Indian man whose application for leave to remain in the UK based on his marriage to a British woman was refused has successfully challenged the decision.

Court of Session Outer House 26 July 2019

Judge dismisses long-term prisoner’s legal challenge over failure to allow maximum 180-day home detention curfew

A long-term prisoner who claimed that the prison authorities acted “unlawfully” in failing to progress his application for home detention curfew has had his legal challenge dismissed.

Court of Session Outer House 24 July 2019

French national’s legal challenge against refusal of homelessness assistance dismissed

A French national whose application for homelessness assistance was rejected by a Scottish local authority has had a petition for judicial review of the decision dismissed.

Court of Session Outer House 23 July 2019

Police officer facing misconduct proceedings over sexual assault conviction loses legal claim for medical discharge

A police officer found guilty of sexual offences whose application to retire on the grounds of permanent disablement was refused by the Scottish Police Authority (SPA) has had a legal challenge against the decision dismissed.

Court of Session Outer House 11 July 2019

Cyclists win personal injury claims following accidents on Edinburgh tram lines

Two cyclists who fell from their bikes while crossing tram tracks in Edinburgh have been awarded undisclosed damages.

Court of Session Outer House 3 July 2019

Right to privacy recognised in Scots common law for first time as judge dismisses action by police officers over private ‘WhatsApp’ messages

There is a right of privacy in the common law of Scotland, a Court of Session judge has ruled.

Court of Session Outer House 1 July 2019

Undue influence absent in woman's transfer of property to daughter and her husband

A woman who disponed her property to her daughter and her husband was unable to have the disposition reduced on the ground of undue influence as the four-part test was not satisfied in the circumstances of the case.

Court of Session Outer House 26 June 2019

Family of alcoholic homeless man who died in charity accommodation fail in damages claim

The family of a homeless man with a history of alcoholism who died hours after being offered accommodation by a charity have had an action for damages against the support provider dismissed.

Court of Session Outer House 20 May 2019