Case archive

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 allows proof to determine creditors of AWPR construction venture

The Outer House of the Court of Session has allowed a proof to determine the true creditors of the incorporated joint venture responsible for the construction of the Aberdeen Western Peripheral Route in an action of multiplepoinding raised at the instance of the joint venture.

Court of Session Outer House 18 August 2020

Chinese victim of human trafficking wins appeal against deportation decision

A Chinese national who was identified as a victim of modern slavery but was initially refused discretionary leave to remain in the UK has successfully petitioned for a reduction of the decision.

Court of Session Outer House 18 May 2020

Judge rejects life prisoner’s £5,000 human rights claim for correspondence ‘unlawfully’ opened by prison officers 

A man serving a life sentence for murder who claimed that his human rights were breached after his “confidential” letters were opened by prison officers has had a £5,000 damages action dismissed.

Court of Session Outer House 2 December 2019

Chinese man who claimed he was a modern slave fails in judicial review of decision to reject human trafficking victim claim

A Chinese national whose claim that he was a victim of human trafficking was rejected has had a legal challenge against that decision dismissed.

Court of Session Outer House 5 November 2018

Afghan man with British partner wins right to ‘in-country’ appeal against refusal of leave to remain

An Afghani national who had been refused leave to remain in the UK as a partner of a British woman has successfully challenged a decision to certify his asylum and human rights claims as “clearly unfounded”.

Court of Session Outer House 18 May 2017

Human rights challenge to Scots bankruptcy law provision dismissed

A woman facing an action for payment of more than £170,000 following a “gratuitous alienation” who claimed that the statutory defences available to a challenge to such a transfer breached her human rights has had her defence dismissed.

Court of Session Outer House 15 May 2017

Consultant cardiac surgeon fails in legal challenge against FAI determination

A consultant cardiac surgeon who disputed a sheriff’s fatal accident inquiry finding over a “reasonable precaution” which the doctor could have taken whereby the death might have been avoided has had his legal challenge against the determination dismissed.

Court of Session Outer House 6 March 2017

Relatives of Turkish businessman win legal challenge over leave to remain in UK

The family of a Turkish businessman who was granted indefinite leave to remain in the UK have successfully challenged a decision by the Home Secretary to refuse their applications to stay in the country.

Court of Session Outer House 23 February 2017