Case archive

Prisoner who applied for early release on ground of previously successful curfew has judicial review petition refused

A short-term prisoner who was refused early release under Home Detention Curfew (HDC) under the Prisoners and Criminal Proceedings (Scotland) Act 1993 has had his petition against the decision rejected.

Court of Session Outer House 13 August 2019

Property developer succeeds in case against Scottish council over rescission of missives

A Scottish local authority which entered into missives for the sale of land to a property developer and subsequently granted planning permission for the redevelopment of the site was not entitled to rescind the contract on the basis that the appropriate fee had not been paid when the planning application was submitted.

Court of Session Outer House 10 January 2019

Prisoner entitled to reparation after prison service failed to protect him from attack by fellow inmate

A prisoner who was assaulted in jail after warning a prison officer that a fellow inmate had threatened to “smash his f****** Polish face in” is entitled to damages, the Court of Session has ruled.

Court of Session Outer House 23 August 2017

Amended damages claim by relatives of asbestos victim dismissed

The Court of Session has refused to allow the relatives of a mechanical fitter who died as a result of exposure to asbestos to amend their claim in their personal injury action for damages against the state.

Court of Session Outer House 20 April 2017