Case archive

Outer House allows proof to determine creditors of AWPR construction venture

The Outer House of the Court of Session has allowed a proof to determine the true creditors of the incorporated joint venture responsible for the construction of the Aberdeen Western Peripheral Route in an action of multiplepoinding raised at the instance of the joint venture.

Court of Session Outer House 18 August 2020

Arbroath strawberry farmer successfully refutes exclusive jurisdiction argument in defective polythene dispute

A strawberry farmer in Arbroath who was supplied with defective polythene sheeting has succeeded in establishing that the contractual dispute between his company and the sheeting’s supplier could be heard in the Scottish courts. 

Court of Session Outer House 17 August 2020

English court finds two former directors of fraudulent property company in breach of Companies Act

Two former directors of a company allegedly established to renovate a derelict hotel in Bristol into student accommodation have been found in breach of their legal duties, while the claims against another were dismissed.

England and Wales High Court 14 August 2020

Aberdeen landowners’ reclaiming motion against restriction of servitude right refused 

An appeal by five people, who claimed to have right of access over the driveway of a house in Aberdeen, of a decision that the right of access is restricted to only two of them has been refused by the Inner House of the Court of Session. 

Court of Session Inner House 13 August 2020

English Court of Appeal rules automated facial recognition technology an interference with ECHR rights 

A civil liberties campaigner who appealed a decision of the Divisional Court that the use of automated facial recognition (AFR) technology by the South Wales Police Force was compatible with Article 8 of the ECHR has succeeded in respect of three of the five appeal grounds. 

England and Wales Court of Appeal 12 August 2020

Sheriff Appeal Court rules “debt” does not include interest in bankruptcy provision

An appeal by Her Majesty’s Revenue and Customs against a decision to recall a sequestration under the Bankruptcy (Scotland) Act 1985 has been refused in the Civil Division of the Sheriff Appeal Court. 

Sheriff Appeal Court 11 August 2020

Man who permanently disfigured another loses appeal against attempted murder conviction

A man who was tried alongside his brother for attempted murder and assault has failed to appeal his conviction in the Appeal Court of the High Court of Justiciary. 

Appeal Court of the High Court of Justiciary 10 August 2020

Historic sex offender loses appeal against conviction and sentence

A man who was convicted of historical lewd, indecent and libidinous practices and behaviour between 1983 and 1987 has had his appeal against conviction and sentence refused.

Appeal Court of the High Court of Justiciary 7 August 2020

Romanian grandmother wins appeal against extradition for shoplifting

A Romanian national has succeeded in appealing an extradition order that would have seen her returned to Romania to serve a 13-month prison sentence for a conviction of aggravated theft.

Appeal Court of the High Court of Justiciary 6 August 2020

Patent for power tool vibration monitoring device upheld by Outer House 

A patent for a monitoring apparatus for handheld power tools has been held to be valid following a challenge of its validity in a patent infringement case. 

Court of Session Outer House 5 August 2020

Motion to cap expenses in action seeking to establish possibility of indyref2 without UK consent refused

The Outer House of the Court of Session has refused to grant a protective expenses order to cap expenses in an action seeking declarator that the Scottish Parliament has power to legislate for a second independence referendum.

Court of Session Outer House 4 August 2020

Outer House grants divorce to Russian wife of Scotsman living in Dubai

The Outer House of the Court of Session has granted a decree of divorce to a domiciled Scot and his spouse living in Dubai.

Court of Session Outer House 31 July 2020

English child care judge found to have potential bias after leaving remote link open

The Court of Appeal (Civil Division) has remitted care proceedings in respect of a baby whose brother died to the Family Division after finding that the original judge may have expressed bias against one of the parties when she made a number of pejorative comments to her clerk about the appellant including that she had tried “every trick in the book” to avoid having to answer difficult questions. 

England and Wales Court of Appeal 30 July 2020

Housing developers successfully challenge chapter of local development plan

Five housing developers have succeeded in challenging a chapter of the Inverclyde Local Development Plan concerning housing land supply on the ground of inappropriate methodology. 

Court of Session Inner House 28 July 2020

Edinburgh coffee shop owner fails to challenge reduction in COVID-19 grant for multiple premises

The owner of six coffee shops in Edinburgh who received reduced support under the Scottish Ministers’ grant scheme for hospitality businesses during the COVID-19 pandemic has failed to challenge the decision of the Scottish Ministers to give smaller additional grants to businesses with multiple properties.

Court of Session Outer House 27 July 2020