A life prisoner who had progressed to community access in the parole process before being returned to closed conditions has failed to challenge a decision of the Parole Board for Scotland not to direct his release.
Court of Session Outer House 29 April 2021
The Outer House of the Court of Session has refused to grant declarator to the effect that the Scottish Parliament should be able to legislate for a second referendum on Scottish independence without the consent of Westminster, calling the action “hypothetical, academic, and premature”.
Court of Session Outer House 8 February 2021
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
A homeowner who was ordered to reduce the height of rows of trees along a boundary wall within the grounds of his property after his neighbours complained that they were overshadowing their garden has lost a legal challenge against a decision.
Court of Session Outer House 13 March 2020
A property developer who claimed that a Scottish local authority’s decision to demolish a leisure centre was “unlawful” has had his legal challenge dismissed.
Court of Session Outer House 14 February 2020
A plumber who injured his arm while playing football over 16 years ago has been awarded more than £540,000 in damages after a Scottish health board admitted liability over its “negligent diagnosis and treatment” of the injury.
Court of Session Outer House 17 January 2020
An oil and gas company has been granted a court order to prohibit environmental campaigners from carrying out protests on four offshore installations in the North Sea.
Court of Session Outer House 16 January 2020
Vietnamese man who claimed he was human trafficking victim wins permission to appeal refusal of asylum application
A Vietnamese asylum-seeker who claimed he was the victim of human trafficking and was a practising Catholic has successfully challenged a decision to refuse permission to appeal against a decision to reject his application.
Court of Session Outer House 7 November 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
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
An environmental campaigner who was seeking to challenge decisions of the UK and Scottish governments not to hold a public inquiry into undercover policing activities in Scotland following the so-called “spy-cops” scandal has had her application for judicial review dismissed.
Court of Session Outer House 22 November 2018
Legal first as family of mesothelioma victim awarded £250,000 damages over death from ‘secondary exposure’ to asbestos
Court of Session Outer House 26 July 2018
Tommy Sheridan has had a legal challenge against a decision by the Scottish Criminal Cases Review Commission (SCCRC) to refuse to refer his conviction for perjury to the High Court of Justiciary dismissed.
Court of Session Outer House 22 June 2018