Case archive

Limited partner in investment fund succeeds in action demanding true accounting of entitlements due to him

A limited partner in a Scottish investment fund has succeeded in the first stage of an action of count, reckoning and payment against the partnership and its general partners before the Outer House of the Court of Session.

Court of Session Outer House 23 June 2021

Former director of housebuilding company entitled to bonus payments post-departure

A judge in the Outer House of the Court of Session has determined that the former executive of a housebuilding company who was made redundant should be entitled to bonus in respect of projects completed after his redundancy.

Court of Session Outer House 16 June 2021

Edinburgh hospitality businesses fail in challenge to continuation of Level 3 Covid-19 restrictions

The Outer House of the Court of Session has rejected a petition for judicial review by six hospitality businesses and a commercial let operator in Edinburgh challenging the Scottish Ministers’ decision to continue the operation of Level 3 Covid-19 restrictions in the city. 

Court of Session Outer House 14 December 2020

Local authority successfully claims portion of commercial sub-lease cancellation fee

A local authority that claimed it was entitled to a percentage of a termination fee paid by a sub-lessee to the head tenant of a shopping centre it leased out has succeeded in establishing its entitlement to the monies. 

Court of Session Outer House 25 September 2020

Construction firm loses sale of goods action over driving hammer

A construction company has failed in its action against a company it alleged had sold it a defective pile driving hammer, causing it to be unable to fulfil its obligations under another contract.

Court of Session Outer House 16 July 2020

Outer House finds Edinburgh Airport validly exercised option to purchase adjacent land

A property developer that granted an option to purchase land it owned next to Edinburgh Airport in favour of the airport has failed to establish that the option had not been validly exercised.

Court of Session Outer House 25 June 2020

Court grants motion to enforce adjudicator’s £4m damages decision in dispute over school construction project

A company set up to deliver a number of new schools and community centres in North Lanarkshire that sued a construction company over defects in the development of one of the building projects has been granted a court order to enforce an adjudicator’s decision in its favour.

Court of Session Outer House 20 February 2020

Prisoner fails in £10,000 damages claim over alleged failure to provide rehabilitation

A prisoner who claimed that the prison authorities breached his human rights by failing to provide him with rehabilitation has had a claim for £10,000 damages dismissed.

Court of Session Outer House 22 January 2020

Three-month time limit for judicial review proceedings begins from date of decision, judge rules

The three-month time limit for raising judicial review proceedings begins on the date when the decision under challenge is made and not when the party seeking to bring the action is notified of the decision.

Court of Session Outer House 8 January 2020

Scots lawyer’s legal challenge against disciplinary tribunal’s expenses award dismissed as ‘incompetent’

A Scots lawyer found guilty of “professional misconduct” who was ordered to pay the legal expenses of the proceedings on an “agent and client” scale has had a legal challenge against the decision dismissed.

Court of Session Outer House 17 December 2019

Glasgow City Council action to recover damages from bin lorry crash driver’s former employer dismissed 

A legal action by Glasgow City Council against bus operator First Glasgow to recover £860,000 in damages plus more than £40,000 in expenses paid to the family of one of the victims of the tragic bin lorry crash five years ago has been dismissed.

Court of Session Outer House 11 December 2019

Landlord wins legal action for removal of tenant Amazon from commercial property

A commercial property landlord has been granted a court order requiring a tenant to leave the premises after a judge ruled that the notice to terminate the lease, which gave a period of just under six months, was valid under common law.

Court of Session Outer House 4 October 2019

Contractor’s £25m ‘unlawful state aid’ claim against Scottish government dismissed 

A contractor which claimed the Scottish government acted unlawfully in giving taxpayers' money to a competitor in the purchase of a Highland industrial yard has had a £25 million damages action dismissed.

Court of Session Outer House 30 September 2019

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