Case archive



Early childhood practitioner loses appeal against temporary suspension

An early-years practitioner who was given a Temporary Suspension Order (TSO) after her fitness to practice was called into question has been unsuccessful in challenging the decision.

Sheriff Court 6 May 2020

Council ordered to re-consider planning application for Cumbernauld retail park expansion

The owners of a shopping centre in Cumbernauld have succeeded in a petition for judicial review made against a decision of North Lanarkshire Council to grant planning permission for a major development near Cumbernauld Town Centre.

Court of Session Outer House 5 May 2020

Advocate has limited success in complaint eligibility appeal

An advocate who was alleged to have acted inappropriately in commercial proceedings regarding location-based dating apps has succeeded in having one of four complaints made against him quashed, with the other three remaining eligible for investigation.

Court of Session Inner House 4 May 2020

Chief Constable of Police Scotland not vicariously liable for psychiatric harm to ex-undercover officer

The Inner House of the Court of Session has granted decree of absolvitor to the Chief Constable of Police Scotland for the actions of a police officer towards a member of the public.

Court of Session Inner House 1 May 2020

Appeal on leading evidence of complainer's previous sexual conduct refused

The appellant, SJ, was due to appear at trial on three charges. The first was for sexual assault, the second for rape, and the third for perverting the course of justice by disposing of his mobile phone to prevent the police from gaining access to information in it. The appeal was heard by Lord Malcolm, Lord Turnbull, and Lord Pentland, all three of whom gave opinions. Previous conduct At the time of the alleged offenc

Appeal Court of the High Court of Justiciary 30 April 2020

Renewable energy firm's appeals over Moscow wind farm refused

A renewable energy firm that was held to be in breach of planning control in respect of a wind farm development has had its appeals to the Inner House of the Court of Session refused.

Court of Session Inner House 29 April 2020

Man who raped woman in hotel loses appeal against conviction

A man who was sentenced to six years’ imprisonment for raping a woman in an Edinburgh hotel has had his appeal against conviction refused.

Appeal Court of the High Court of Justiciary 28 April 2020

Article 6 of ECHR ‘not engaged’ in dispute over £40 fixed penalty notice

A man who petitioned for judicial review of the Antisocial Behaviour etc. (Scotland) Act 2004 after being issued with a £40 fixed penalty notice has had his appeal against the refusal of his petition refused.

Court of Session Inner House 27 April 2020

Lothian valuation board wins appeal over council tax on ‘golden share’ affordable housing

The Inner House of the Court of Session has allowed an appeal on how affordable housing units subject to ‘golden share’ provisions ought to be valued for council tax purposes.

Court of Session Inner House 24 April 2020

Home Office succeeds in challenging judicial review of ‘hostile environment’ letting policy

The High Court of England and Wales has allowed an appeal by the Home Secretary against judicial review proceedings challenging the lawfulness of provisions under the Immigration Act 2014 preventing landlords in the private sector from letting to irregular immigrants.

England and Wales High Court 23 April 2020

COVID-19: Debenhams’ administrators took on contracts of furloughed employees

The joint administrators of the department store Debenhams have been held by the High Court of England and Wales to have adopted the employment contracts of personnel who had been furloughed due to the company’s participation in the Coronavirus Job Retention Scheme (JRS).

England and Wales High Court 22 April 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

Woman who shook eight-month-old baby loses appeal against conviction

A woman who was sentenced to three years' imprisonment for shaking an eight-month-old baby and endangering her life has lost her appeal against conviction.

Appeal Court of the High Court of Justiciary 20 April 2020

Edinburgh City Council loses planning appeal over waterfront development

A city council that refused to allow a developer to proceed with the development of a mixed-use site without complying with a condition of their original planning permission has had their appeal against a decision to allow it refused.

Court of Session Inner House 17 April 2020

Inner House remits NHS trust’s historic VAT case to First-tier Tribunal

An NHS trust that applied to recover overpaid VAT has successfully appealed against the decision to reject its case by the Upper Tribunal, with the Inner House remitting the case to the First-tier Tribunal for reconsideration.

Court of Session Inner House 16 April 2020