Case archive

Teacher’s personal injury action against Scottish council to proceed after judge rejects ‘personal bar’ claim

A teacher who raised employment tribunal proceedings against her former local authority employer for disability discrimination after she suffered “psychiatric injury” but settled the compensation claim is now suing the council for damages over its “failure to take reasonable care for her mental health”.

Court of Session Outer House 11 March 2020

Scottish university’s payment action against student dismissed due to ‘lack of jurisdiction’

A Scottish university which sued a distance-learning student for unpaid fees has had its claim dismissed due to “lack of jurisdiction”.

Sheriff Court 10 March 2020

Man sexually abused by monks awarded £317,000 damages for ‘life-long‘ suffering

A man who developed a “life-long psychiatric injury” after being physically and sexually abused by monks while staying at a residential school nearly 40 years ago has been awarded more than £300,000 in damages.

Sheriff Court 9 March 2020

Paedophile life prisoners fail in legal challenge against decision to ban telephone calls between them

A gay paedophile couple serving life sentences after being found guilty of murder have failed in a legal challenge against a decision by prison authorities to ban them from telephoning each other.

Court of Session Outer House 6 March 2020

Grandfather who swallowed false teeth awarded £200,000 damages after operation caused life-threatening injuries

A man who swallowed his false teeth has been awarded nearly £200,000 in damages after suffering “severe” injuries during a hospital procedure to remove the dental plate from his food pipe. Dere

Court of Session Outer House 5 March 2020

Court of Session overturns Land Court ruling on crofters’ rights to land sold after World War II

Land at Stornoway Airport is to be sold to a residential property developer after Highlands and Islands Airport (HIA) successfully challenged a Scottish Land Court ruling that the disputed areas remained subject to crofting tenure.

Court of Session Inner House 4 March 2020

Father wins appeal to assign tenancy of housing association property to daughter

A housing association tenant whose application to assign the tenancy of the property to his daughter was rejected has successfully challenged the landlord’s decision. A sheriff or

Sheriff Court 3 March 2020

SLCC had no power to raise complaint against solicitor, judge rules

A Scots lawyer who claimed that the Scottish Legal Complaints Commission acted “ultra vires” in unilaterally raising a complaint against him for has successfully challenged the decision.

Court of Session Outer House 2 March 2020

Campaigners win ‘climate change’ appeal against Heathrow Airport expansion policy

Controversial plans for a third runway at Heathrow Airport have been thrown into doubt following a successful legal challenge by environmental campaigners.

England and Wales Court of Appeal 28 February 2020

Criminal Appeal Court quashes order to recover rape complainer’s medical records in petition to ‘nobile officium’

A complainer in a rape and domestic abuse assault case successfully challenged a court order authorising the accused to recover her medical records in a bid to disclose any “mental health problems”.

Appeal Court of the High Court of Justiciary 27 February 2020

Disabled criminal injuries case worker awarded £30,000 after suing MoJ over dismissal

An admin worker affected by epilepsy who was sacked from her job at the Criminal Injuries Compensation Authority (CICA) because she was unable to meet the standards of performance and attendance expected during her probationary period has been awarded more than £30,000 in compensation after suing her former employer for discrimination.

Employment Tribunal (Scotland) 26 February 2020

Nigerian woman granted permission to appeal in ‘family life’ claim to remain in UK 

A Nigerian national who lodged a human right claim to remain in the UK with members of her extended family has successfully challenged a decision to refuse her application to appeal.

Court of Session Outer House 25 February 2020

Scots lawyer fined £2,500 over failure to act in client’s best interests in property deal

A Scots lawyer who acted on behalf of a woman who was seeking to buy her estranged husband’s share in their former matrimonial home so she could remain in the property with her children, while also acting for the woman’s new partner who had agreed to fund the purchase and let the property to her until she could afford to obtain a mortgage, has been found guilty of “professional misconduct”.

Scottish Solicitors Discipline Tribunal 24 February 2020

Death by driving motorist’s £500,000 damages appeal against GP over prescription drugs which ‘caused black-out’ dismissed 

A motorist found guilty of causing death by dangerous driving who claimed that he “blacked out” behind the wheel as a result of medication he was prescribed has had a £500,000 damages action against his GP dismissed following an appeal.

Court of Session Inner House 21 February 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