Case archive

Outer House finds HMRC wrong to refuse claim for backdated child tax credits by refugee couple

A judge in the Outer House of the Court of Session has found that a married couple who were granted refugee status are entitled to a reduction of a decision by the tax authority not to accept their claim for backdated child tax credits.

Court of Session Outer House 18 June 2021

Outer House judge finds Scottish Ministers liable to pay over £5 million to guarantors of Ferguson Marine

A judge in the Outer House of the Court of Session has sisted proceedings brought by the guarantor of the now-insolvent Ferguson Marine group of companies after finding that the Scottish Ministers were liable to reimburse them under the terms of an indemnity agreement.

Court of Session Outer House 25 May 2021

Outer House finds commercial landlord entitled to payment for repair costs following termination of lease

A landlord of commercial premises in Aberdeenshire whose former tenant refused to pay for the cost of work to the property at the end of their tenancy has successfully obtained a decree for payment from the Outer House of the Court of Session.

Court of Session Outer House 22 April 2021

Former Ryanair pilot’s judicial review petition challenging HMRC statutory loan charge refused

An Irish airline pilot who was allegedly forced into self-employment and began using a payment scheme regarded by the tax authority as tax avoidance as a result has failed to challenge the effectiveness of a charge imposed on him for taxes on outstanding loans technically due by him under the scheme.

Court of Session Outer House 15 April 2021

Outer House rejects Crown defence to malicious prosecution suit

A judge in the Outer House of the Court of Session has rejected a defence pled by the Crown in response to an action for damages for wrongful and malicious prosecution brought by a man who was unsuccessfully prosecuted for fraud for his role in the acquisition of Rangers FC by Craig Whyte in 2011 prior to the club entering administration.

Court of Session Outer House 18 February 2021

Outer House dismisses landfill operator’s action to recover unpaid waste tax from contractor 

A waste disposal and landfill operator that sought payment under a tax statute from a contracting company for not paying the correct amount of tax on hazardous waste material it sent has failed to obtain an order for payment. 

Court of Session Outer House 16 December 2020

Former company director found to have misappropriated business opportunities loses expenses appeal 

The former director of a media company who objected to the amount of legal expenses he was calculated to owe to his former employer has been unsuccessful in challenging the decision. 

Court of Session Outer House 26 November 2020

Aberdeen Harbour Expansion Project subcontractor establishes breach of contract by main contractor

A subcontractor involved in the Aberdeen Harbour Expansion Project has succeeded in establishing that the main contractor of the project breached the terms of their contract by omitting work within the scope of the subcontract and transferring it to other companies. 

Court of Session Outer House 2 October 2020

Construction firm fails to establish council’s breach of transparency obligations in tender process

A construction company that unsuccessfully tendered for a local authority contract has failed to establish that the local authority was in breach of transparency obligations imposed on it by the Public Contracts (Scotland) Regulations 2015. 

Court of Session Outer House 8 September 2020

Prisoner serving life sentence loses challenge against refusal of legal aid

A prisoner serving a life sentence who submitted freedom of information requests for information he believed would help prove his innocence has had a petition for judicial review of the decision not to grant him legal aid refused.

Court of Session Outer House 17 July 2020

Former El Salvador serviceman’s petition to reduce deportation decision refused

A citizen of El Salvador who claimed that he would be a victim of organised crime if he was deported from the UK has failed to petition for a judicial review of the decision to deport him.

Court of Session Outer House 17 June 2020

Property developer’s breach of missives action continued to proof

A company that was formed to complete a development of 55 residential apartments at a site near the Portobello Kilns in Edinburgh, has had its petition to amend a Deed of Conditions.

Court of Session Outer House 11 June 2020

Prison escapee’s petition for judicial review of progression decision refused

A prisoner in HMP Glenochil serving nearly 20 years in custody has been refused permission for judicial review of a decision of the Scottish Ministers not to move him into less secure prison conditions.

Court of Session Outer House 22 May 2020

Widow loses medical negligence claim after husband died one day after hospital discharge

The widow of a man who died from cardiac arrest the day after he was discharged from hospital has been unsuccessful in an action for damages arising from medical negligence.

Court of Session Outer House 12 May 2020

Wind farm developer successfully petitions for judicial review against MoD

A developer of commercial wind farms that applied for planning permission for a wind farm within the consultation zone of the Eskdalemuir Seismic Array has succeeded in petitioning the court for a time extension to begin proceedings for judicial review.

Court of Session Outer House 21 April 2020