Case archive

Outer House allows damages action by former private school student alleging camping trip rape to continue

A judge in the Outer House of the Court of Session has allowed the action of a woman seeking £1.5 million in compensatory damages from her former school to continue after the company that ran the school sought to have it dismissed without a proof.

Court of Session Outer House 25 February 2021

Boat of Garten man loses ‘bad smell’ nuisance appeal against Scottish Water

A man who lives near a waste water treatment plant in the Highlands has failed to obtain declarator of continuing nuisance in respect of noxious fumes that were present in his garden.

Court of Session Outer House 3 June 2020

Police officer facing misconduct proceedings over sexual assault conviction loses legal claim for medical discharge

A police officer found guilty of sexual offences whose application to retire on the grounds of permanent disablement was refused by the Scottish Police Authority (SPA) has had a legal challenge against the decision dismissed.

Court of Session Outer House 11 July 2019

Police officers in Sheku Bayoh case win legal challenge for medical retirement

Two police officers involved in the incident which led to the death of Sheku Bayoh have successfully challenged decisions to refuse their requests to retire on medical grounds.

Court of Session Outer House 23 April 2019

Community councils can be sued for damages, judge rules in personal injury claim

Community councils can be sued for damages for personal injuries, the Court of Session has ruled.

Court of Session Outer House 7 December 2018

Family awarded £100,000 damages following fatal road traffic accident outside home

A family has been awarded £100,000 damages following a fatal road traffic accident involving a supermarket delivery van and an fuel tanker near their home which resulted in the lorry crashing into their garden and spilling thousands of gallons of aviation fuel.

Court of Session Outer House 24 October 2018

Court of Session finds in favour of homeless petitioner in judicial review

A homeless man who was evicted for rent arrears has successfully argued that a decision to the effect that he was “intentionally homeless” was “unlawful” - but his legal challenge was dismissed because he raised the action against the wrong party.

Court of Session Outer House 23 October 2018

Whisky distillery fails in legal challenge over ‘unlawful’ wind farm development

The owners of a Speyside whisky distillery who claimed that the development of a new wind farm in Banffshire was “unlawful” on the basis that the construction works did not begin within the five-year time limit imposed upon the developer have had their legal challenge dismissed.

Court of Session Outer House 19 April 2018

Advocate given time to resolve financial dispute with ex-wife who divorced him in absence

A former part-time sheriff who experienced “despair, distrust and desolation” following the breakdown of his marriage has been given three months to allow him and his ex-wife to reach an agreement over their finances after she was granted a divorce without him knowing about it.

Court of Session Outer House 23 February 2018

‘Limbs in the loch’ murderer loses Supreme Court legal aid bid

A convicted murderer who sought legal aid for a UK Supreme Court appeal against a ruling upholding a decision by the Scottish Information Commission to refuse to order the release of CCTV footage he believes will help prove his innocence has had his claim for state funding refused.

Court of Session Outer House 22 February 2018

Council wins appeal against SLAB decision to grant legal aid

. That is unfair.”

Court of Session Outer House 9 January 2018

Age assessment legal challenges should be made by judicial review, judge rules

Individuals seeking to challenge an age assessment in court should do so by judicial review, a judge has ruled.

Court of Session Outer House 18 September 2017

Shopper’s £125,000 damages claim against council over black ice fall fails

A consultant engineer who was seriously injured after he slipped and fell on a patch of black ice in a car park has had a £125,000 damages claim against a Scottish local authority dismissed.

Court of Session Outer House 27 June 2017

Sale of company’s principal asset for half market value was not a ‘gratuitous alienation’, judge rules

The liquidators of a distribution services company which sold its principal asset for half its market value have failed in a legal challenge against the transaction.

Court of Session Outer House 23 January 2017

Judge rules company failed to serve valid notice of claim as parties ‘did not intend to allow deviation from provisions on service’

A company which bought a whisky distillers and sought to intimate a £500,000 claim against the sellers has had its damages action rejected after it failed to serve a valid notice.

Court of Session Outer House 29 February 2016