Case archive



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

Lord Advocate entitled to claim legal advice privilege over emails with in-house lawyers on Rangers proceeds of crime case, judge rules 

Correspondence between a senior prosecutor and in-house lawyers at the Crown Office relating to proceeds of crime proceedings against a former administrator of Rangers Football Club “oldco” is protected by “legal advice privilege” and therefore exempt from disclosure, a judge has ruled. David Whitehouse, who is suing the Lord Advocate James Wolffe QC

Court of Session Outer House — 13 May 2019

Family of shipbuilder who died from asbestos-related cancer sue for damages

Relatives of a shipbuilder who died from an asbestos-related condition have been granted a jury trial in their action for damages against the deceased’s former employers.

Court of Session Outer House — 25 April 2019

Police officers in Sheku Bayoh case win legal challenge for medical retirement

Two police officers involved in the incident which led to the death of Sheku Bayoh have successfully challenged decisions to refuse their requests to retire on medical grounds.

Court of Session Outer House — 23 April 2019

Asylum seekers’ legal challenge to housing provider’s ‘unlawful’ lock-changing protocol fails

Two asylum seekers who claimed that it was “unlawful” for their housing provider to evict them by changing the locks to their homes without first obtaining a court order for their removal have had their legal challenges dismissed.

Court of Session Outer House — 17 April 2019

Death by driving motorist’s damages claim against GP over prescription drugs ‘which caused black-out’ dismissed 

A motorist found guilty of causing death by dangerous driving who claimed that he “blacked out” behind the wheel as a result of medications he was prescribed has had a damages action against his GP dismissed.

Court of Session Outer House — 26 March 2019

Partner of seriously ill elderly woman who died after being discharged from Royal Infirmary awarded £187,000 damages for junior doctor’s negligence

The surviving partner of an elderly woman who died after suffering gastrointestinal bleeding has been awarded more than £187,000 in damages, having successfully sued a Scottish health board following a junior doctor’s failure to admit the patient to hospital.

Court of Session Outer House — 25 March 2019

Council’s £12m damages claim against engineers over botched social housing development dismissed

A Scottish local authority which sued engineering contractors over a failed social housing development that had to be demolished for health and safety reasons has had its £12 million damages claim dismissed.

Court of Session Outer House — 21 March 2019

Judge rejects bank’s bid for couple to disclose privileged legal advice in loan guarantee dispute

The owners of the former McEwens of Perth department store will not have to disclose the legal advice they were given before signing a personal guarantee granted to them by a bank in their action for reduction of the contract, a judge has ruled.

Court of Session Outer House — 15 March 2019

Woman granted interdict to prevent solicitors’ firm acting for estranged husband in divorce action

The estranged wife of former Rangers Football Club owner Sir David Murray has been granted a court order preventing a firm of solicitors acting for her husband in a divorce action.

Court of Session Outer House — 11 March 2019

Scottish judicial review procedures do not breach right to a fair and public hearing, court rules

Three litigants who claimed that the introduction of a permission stage in judicial review procedure in Scotland was “incompatible” with human rights law because it meant that cases could be dismissed without an oral hearing have had their legal challenges dismissed.

Court of Session Outer House — 8 March 2019

Long-term prisoner sues 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 properly progress his application for home detention curfew had his legal challenge dismissed, but the judge later conceded that he ought to have allowed the case to proceed to a full hearing.

Court of Session Outer House — 7 March 2019

Aberdeen 1 - 0 No Kingsford Stadium 

An environmental campaign group which sought reduction of a decision by Aberdeen City Council to grant planning permission for the development of a new stadium for Aberdeen Football Club have had their legal challenge dismissed.

Court of Session Outer House — 4 March 2019

Private healthcare company’s claim for payment against Scottish heath board dismissed

A private healthcare provider which sued a Scottish health board claiming it was “contractually obliged” to pay for a mental health patient’s continuing care at a hospital in England has had its case dismissed.

Court of Session Outer House — 28 February 2019

Judge rejects human rights challenge to Scots law ‘fixed penalty notice’ scheme 

A teenager who claimed that Scottish legislation on “fixed penalty notices” breached European human rights law on the basis that there was no means of challenging the charge if an individual failed to ask to be tried for the alleged offence within the statutory 28-day time limit has had his case dismissed.

Court of Session Outer House — 1 February 2019