Case archive



Commercial judge refuses to sift action for outstanding pension contributions raised by fund trustees

A commercial judge in the Outer House of the Court of Session has refused to sist proceedings brought by the trustees of a pension fund against the sole employer liable to pay contributions to it.

Court of Session Outer House 25 November 2021

Outer House judge rejects averments of pre-contract discussions in dispute over quality of construction stone

A judge in the Outer House of the Court of Session hearing a commercial action by a contractor relating to the Aberdeen Harbour Expansion Project has rejected from proof averments by a supplier of stone that there was agreement that a lower class of material would be supplied than that specified in the contract.

Court of Session Outer House 18 November 2021

Outer House finds Marks & Spencer not in contempt of court for limited re-opening following order to fully re-open Glasgow store

A judge in the Outer House of the Court of Session has ruled that the operators of a store in a shopping centre in Glasgow were in breach of a court order obliging them to keep the store open but that their actions were not in contempt of court.

Court of Session Outer House 19 October 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

Religious leaders who challenged legitimacy of church closures in Scotland entitled to expenses increase

A judge in the Outer House of the Court of Session has granted an increased award of expenses to a group of 27 religious leaders who successfully challenged the Scottish Ministers’ decision to close places of worship in Scotland from late December 2020 to March 2021 to help prevent the spread of Covid-19.

Court of Session Outer House 21 May 2021

Outer House judge finds closure of Scottish churches disproportionate interference with human rights

A judicial review petition by 27 religious leaders in Scotland challenging the legitimacy of the Scottish Ministers’ decision to close places of worship in January 2021 has succeeded in the Outer House of the Court of Session. 

Court of Session Outer House 26 March 2021

El Salvador asylum seeker wins appeal against tribunal decision

An asylum seeker who claimed to fear persecution from a criminal gang in El Salvador has succeeded in challenging the finding of the Upper Tribunal that there were no arguable grounds of appeal against the original decision. 

Court of Session Outer House 14 September 2020

Barlinnie prisoner who was released and then detained again loses judicial review case

A convicted prisoner detained at HMP Barlinnie subject to an order for lifelong restriction has had his petition for judicial review of the decision of the Scottish Ministers and Glasgow City Council not to conduct any risk assessment exercises in relation to him refused. 

Court of Session Outer House 4 September 2020