Case archive

Shale aggregate extractors lose appeal against payment to redress unlawful tax break

A company that benefited from unlawful tax exemptions and was ordered to pay over £1 million to HM Revenue and Customs has lost an appeal challenging a payment order made to that effect. 

Court of Session Inner House 7 September 2020

Barlinnie prisoner who was released and then detained again loses judicial review case

A convicted prisoner detained at HMP Barlinnie subject to an order for lifelong restriction has had his petition for judicial review of the decision of the Scottish Ministers and Glasgow City Council not to conduct any risk assessment exercises in relation to him refused. 

Court of Session Outer House 4 September 2020

UK Supreme Court dismisses telecoms patent infringement appeal by Huawei

A patent infringement appeal brought against the UK branch of the telecommunications company Huawei has been dismissed by the UK Supreme Court after the company challenged the decision by the English Court of Appeal to uphold the trial judge’s order.

UK Supreme Court 3 September 2020

German children who spent a year in England held on appeal to have acquired habitual residence

A mother who was found by the English High Court of Justice to have wrongfully retained her children in England after moving from Germany with them has successfully appealed the decision in the Court of Appeal (Civil Division). 

England and Wales Court of Appeal 2 September 2020

Housing tribunal resumes publication of tenancy deposit case management discussions 

The First-tier Tribunal for Scotland (Housing and Property Chamber) has resumed issuing written decisions in Case Management Discussions following the resumption of proceedings from 9 July 2020.

Upper Tribunal for Scotland 29 July 2020

Sheriff rules pursuer’s settlement offer in personal injury case can be impliedly withdrawn

The defender in a personal injury case who sought decree that a settlement offer by the pursuer could not be withdrawn impliedly even in a change of material circumstances has had its motion refused by the All-Scotland Sheriff Personal Injury Court in Edinburgh.

Sheriff Court 1 September 2020

Child abduction order for Italian girl temporarily placed into foster care refused

A mother who applied for an order under the Child Abduction and Custody Act 1985 on the basis that her child had been wrongfully retained in Scotland has had her petition refused on the ground that the child was not habitually resident in Italy.

Court of Session Outer House 31 August 2020

Falun Gong practitioner loses appeal against immigration decision

A Chinese citizen who claimed to be at risk of persecution in China because of his practise of the banned Falun Gong religion has lost his appeal against a decision by the Home Secretary to treat his further submissions as a fresh claim.

Court of Session Inner House 28 August 2020

Teen who committed knife assault in Edinburgh has sentence reduced

A teenager who was sentenced to four years’ imprisonment after committing an assault with a knife has had his sentence reduced by eight months on appeal. 

Appeal Court of the High Court of Justiciary 27 August 2020

Father’s petition to have daughter returned to Poland refused by Inner House

A Polish national who sought a return order under the Child Abduction and Custody Act 1985 in respect of his daughter, who had been taken to Scotland in 2019, has had his petition refused following an appeal by the child’s mother. 

Court of Session Inner House 26 August 2020

Mother of man with Down's Syndome has petition against service charges refused

The mother and legal guardian of a man with Down’s Syndrome has been unsuccessful in her challenge of a decision of Glasgow City Council that he must pay a contribution to the costs of services provided to him. 

Court of Session Inner House 25 August 2020

Man who pursued and intimidated two women in vehicle loses appeal against conviction

A man who was found guilty of pursuing two sisters in a car and striking their vehicle with a scythe whilst subject to an undertaking to appear at Aberdeen Sheriff Court has had his appeal against conviction refused.

Appeal Court of the High Court of Justiciary 24 August 2020

Stornoway crofters lose community wind farm appeal

Four crofting townships near Stornoway have had their appeal against decisions by the Crofting Commission to refuse to approve their proposals for of the installation of community-owned wind farms on their grazing refused.

Court of Session Inner House 21 August 2020

Milkman wins personal injury appeal against operators of Scottish National Portrait Gallery

A milk delivery man who was injured while delivering milk to the Scottish National Portrait Gallery in Edinburgh has successfully appealed against a decision granting decree of absolvitor to the gallery’s controlling organisation.

Sheriff Appeal Court 20 August 2020

Scottish man injured in quad bike crash in Greece unsuccessful in obtaining damages

A Scottish man who was injured in a quad bike accident while on holiday in Greece has been unsuccessful in obtaining damages in relation to his injuries.

Sheriff Court 19 August 2020