Case archive



City council grant of planning permission for e-bike station declared ultra vires by Outer House

A judge in the Outer House of the Court of Session has declared that a purported planning grant for an e-bike docking station outside a Category B listed tenement building in Dundee is ultra vires and of no effect after the decision was challenged by locals.

Court of Session Outer House 15 September 2021

Outer House awards £290,000 in damages to family of man who died in diving boat accident

The family of a 50-year-old man who died after having an accident on a diving boat near Cape Wrath have been awarded £290,000 in damages by a judge in the Outer House of the Court of Session.

Court of Session Outer House 13 September 2021

Prisoner recalled from community release on two previous occasions fails in challenge of decision not to release him on licence

A prisoner who challenged a decision of the Parole Board that he should not be released from prison on licence has had his petition for judicial review of the decision refused by the Outer House of the Court of Session.

Court of Session Outer House 8 September 2021

Outer House judge rules children of dual citizens acquired habitual residence in Scotland despite contract agreeing they would not

A judge in the Outer House of the Court of Session has ruled that two children of UK citizens who emigrated to New Zealand acquired habitual residence in Scotland following the couple’s divorce.

Court of Session Outer House 2 September 2021

Outer House rejects three of four contentions in payment fraud action by business banking customer

A judge in the Outer House of the Court of Session has rejected three of four contentions by a fabric business that their bank breached a duty to exercise reasonable skill and care in relation to their account after they sent over £500,000 from their account to a fraudster.

Court of Session Outer House 31 August 2021

Outer House rejects hospice’s challenge of report by public health body detailing service complaint

A petition for judicial review by a hospice challenging the decision of Healthcare Improvement Scotland to publish a report containing details of a complaint made against it has been refused by a judge in the Outer House of the Court of Session. 

Court of Session Outer House 25 August 2021

Outer House judge rejects conservation organisation’s challenge to planning permission for Scottish space port

A Scottish conservation organisation has failed in its legal challenge against a decision of The Highland Council to grant planning permission to build a space port and associated facilities near Tongue.

Court of Session Outer House 23 August 2021

Father of young child with stomach conditions fails in challenge of rejection of misconduct complaint

A petition by the father of a young girl with complex medical problems against a decision of the General Medical Council not to sanction a doctor whose report resulted in their child being temporarily removed from their care has been rejected by the Outer House of the Court of Session.

Court of Session Outer House 20 August 2021

Outer House judge sets aside prejudicial transactions by late farmer who suffered from lung condition

The nephew of a deceased farmer has successfully had a number of prejudicial deeds granted by his late uncle in favour of a finance company set aside by a commercial judge in the Outer House of the Court of Session.

Court of Session Outer House 17 August 2021

Outer House reduces Scottish Ministers’ decision not to progress man who raped and murdered his neighbour to open estate

A judge in the Outer House of the Court of Session has reduced a decision not to progress a prisoner serving a life sentence in closed conditions at HMP Edinburgh to the open estate after he petitioned for a judicial review of the decision.

Court of Session Outer House 16 August 2021

Outer House judge permits out-of-time petition challenging Scottish Ministers’ failure to investigate Donald Trump’s Scottish assets

A judge in the Outer House of the Court of Session has permitted a petition by a US-based non-profit organisation for judicial review of the approach taken by the Scottish Ministers in applying for Unexplained Wealth Orders to proceed.

Court of Session Outer House 13 August 2021

Outer House refuses recall motion by personal injury defender who submitted late opposition to interim damages motion

A judge in the Outer House of the Court of Session has refused to recall an interlocutor relating to a motion for interim damages in a personal injury case after the defender’s legal team failed to intimate opposition to the motion in time.

Court of Session Outer House 11 August 2021

Party litigant who had decree in absence granted for recovery of cottage by bank fails in Outer House reduction action

The owner of a cottage in Ayrshire has failed to reduce a decree allowing a bank to take possession of his home under the terms of a standard security granted over it and prevent the bank from enforcing it.

Court of Session Outer House 28 July 2021

Outer House awards over £300,000 in damages to family of man killed in cherry picker accident

The relatives of a young man who was killed when he was knocked out of a cherry picket by a tour bus have been awarded £315,000 in damages for loss of society after their success in an action against the operators of the coach and their insurers in the Outer House of the Court of Session.

Court of Session Outer House 27 July 2021

Outer House judge reduces Police Scotland decision to hold separate hearings for three officers accused of similar misconduct

Three police officers have successfully challenged the instigation and form of misconduct proceedings brought against them by Police Scotland in judicial review proceedings before the Outer House of the Court of Session.

Court of Session Outer House 16 July 2021