Case archive



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

Foreign nationals successfully challenge decisions to refuse leave to remain applications over ‘errors’ in declared earnings

Two foreign nationals whose applications for indefinite leave to remain in the United Kingdom were refused because of discrepancies in their declared earnings have successfully challenged the decisions.

Court of Session Outer House — 31 January 2019

Judge dismisses commercial tenant’s challenge to rent review decision as ‘incompetent’

A tenant of commercial premises which challenged an independent surveyor’s determination of the revised rent payable to the landlord has had its action dismissed as “incompetent”.

Court of Session Outer House — 28 January 2019

Judge dismisses ‘time-barred’ £650,000 damages claim for accident in 1965 as ‘irrelevant in law’ 

A man who claimed he was struck by a car when he was a primary school boy more than 50 years ago in an accident which he could not remember and of which there was almost no evidence has had has claim for £650,000 in damages against a Scottish local authority dismissed.

Court of Session Outer House — 25 January 2019

Judge rejects father’s bid to return cancer-stricken daughter to Ireland after ruling child was ‘habitually resident’ with mother in Scotland 

An Irish father-of-one who claimed that his estranged Scottish wife had unlawfully retained their daughter in Scotland after the child underwent emergency cancer treatment here has had an application for a court order for the toddler’s return to Ireland dismissed.

Court of Session Outer House — 14 January 2019

Property developer succeeds in case against Scottish council over rescission of missives

A Scottish local authority which entered into missives for the sale of land to a property developer and subsequently granted planning permission for the redevelopment of the site was not entitled to rescind the contract on the basis that the appropriate fee had not been paid when the planning application was submitted.

Court of Session Outer House — 10 January 2019