Case archive



Outer House judge finds Edinburgh council in breach of duties towards homeless refugee

A judge in the Outer House of the Court of Session has found that a local authority acted unlawfully in failing to provide assistance to a homeless Sudanese refugee living in Scotland.

Court of Session Outer House 22 February 2021

South African who cared for sick British mother refused deportation appeal

A South African national who challenged his deportation from the UK on the ground that he was required to look after his mother has had his petition challenging the decision of the Upper Tribunal not to allow him an appeal refused.

Court of Session Outer House 9 December 2020

Paedophile life prisoners fail in legal challenge against decision to ban telephone calls between them

A gay paedophile couple serving life sentences after being found guilty of murder have failed in a legal challenge against a decision by prison authorities to ban them from telephoning each other.

Court of Session Outer House 6 March 2020

SLCC had no power to raise complaint against solicitor, judge rules

A Scots lawyer who claimed that the Scottish Legal Complaints Commission acted “ultra vires” in unilaterally raising a complaint against him for has successfully challenged the decision.

Court of Session Outer House 2 March 2020

Assault victim denied criminal injuries compensation following judicial review by Advocate General

A man who suffered a fractured nose after being assaulted will not be awarded compensation from the Criminal Injuries Compensation Authority (CICA) following a legal challenge by the UK Government.

Court of Session Outer House 16 October 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

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

Police officers launch legal challenge against chief constable over misconduct proceedings raised following recovery of private ‘WhatsApp’ messages

A group of ten police officers against whom misconduct proceedings were raised after a detective investigating allegations of sexual offences against another constable came across a series of “WhatsApp” messages are suing the Chief Constable of Police Scotland.

Court of Session Outer House 14 November 2018

Judge rejects parents’ claim for expenses against council after failed permanence order applications

The parents of four children in respect of whom a Scottish local authority’s applications for permanence orders were refused have had their claims for the expenses of the action dismissed.

Court of Session Outer House 1 February 2018

Grandparents’ legal challenge over application to be kinship carers rejected

The grandparents of a child who was placed in local authority care have failed in a legal challenge against a decision to refuse their application to be kinship carers.

Court of Session Outer House 1 November 2017

No mechanism for Court of Session to register EU member state judgment due to ‘lacunae in the law’

Litigants who were seeking to enforce an award of payment from a court in Belgium will have to seek an alternative remedy after the registration of the judgment in the Court of Session was cancelled due to a “lacunae” in the law.

Court of Session Outer House 23 October 2017

Road traffic accident victim to be awarded damages after judge rules driver was ‘90 per cent responsible’

A man who was left paralysed following a road traffic accident in which he struck by a car outside a hotel is to be awarded damages after the driver admitted liability.

Court of Session Outer House 15 October 2015

Scottish council granted permanence orders in relation to three brothers

A Scottish local authority has been granted permanence orders in relation to three sibling children whose mother had a history of alcohol abuse, after a judge in the Court of Session ruled that it would be “better” for each of the three boys that an order be made than not.

Court of Session Outer House 26 February 2015