Case archive



Outer House judge rules children of dual citizens acquired habitual residence in Scotland despite contract agreeing they would not

A judge in the Outer House of the Court of Session has ruled that two children of UK citizens who emigrated to New Zealand acquired habitual residence in Scotland following the couple’s divorce.

Court of Session Outer House 2 September 2021

Edinburgh sheriff orders council to hand over report into abuse to whistleblower employee

A sheriff in Edinburgh Sheriff Court has found that a local authority employee who acted as a whistleblower in its education department is entitled to an unabridged copy of an independent report into the events surrounding his original protected disclosures.

Sheriff Court 1 September 2021

Outer House rejects three of four contentions in payment fraud action by business banking customer

A judge in the Outer House of the Court of Session has rejected three of four contentions by a fabric business that their bank breached a duty to exercise reasonable skill and care in relation to their account after they sent over £500,000 from their account to a fraudster.

Court of Session Outer House 31 August 2021

CJEU rules prohibitions on religious clothing in workplaces may not constitute direct discrimination

The Court of Justice of the European Union (CJEU) has made a preliminary ruling that workplace rules preventing the wearing of religiously mandated clothing do not of themselves constitute direct discrimination based on religious belief. 

European Court of Justice 30 August 2021

Man with 34 previous convictions wins sentencing appeal after assaulting friend and ex-partner

A man who was convicted of assaulting his friend and ex-partner and of attempted murder of the former has had his sentence reduced by 3 years after an appeal to the High Court of Justiciary. 

Appeal Court of the High Court of Justiciary 27 August 2021

Ex-teacher who engaged in sexual activities with Shetland school pupils has sentence reduced on appeal

A former Shetland teacher who was convicted of engaging in sexual activities with two students has his sentence reduced by three months on appeal to the High Court of Justiciary.

Appeal Court of the High Court of Justiciary 26 August 2021

Outer House rejects hospice’s challenge of report by public health body detailing service complaint

A petition for judicial review by a hospice challenging the decision of Healthcare Improvement Scotland to publish a report containing details of a complaint made against it has been refused by a judge in the Outer House of the Court of Session. 

Court of Session Outer House 25 August 2021

Man convicted of sexually touching child over six years has sentence reduced by Sheriff Appeal Court

The Sheriff Appeal Court has reduced the sentence of a man convicted of sexually touching a teenager after he appealed against his sentence and lodged a bill of suspension seeking to suspend the sentence imposed by the trial sheriff.

Sheriff Appeal Court 24 August 2021

Outer House judge rejects conservation organisation’s challenge to planning permission for Scottish space port

A Scottish conservation organisation has failed in its legal challenge against a decision of The Highland Council to grant planning permission to build a space port and associated facilities near Tongue.

Court of Session Outer House 23 August 2021

Father of young child with stomach conditions fails in challenge of rejection of misconduct complaint

A petition by the father of a young girl with complex medical problems against a decision of the General Medical Council not to sanction a doctor whose report resulted in their child being temporarily removed from their care has been rejected by the Outer House of the Court of Session.

Court of Session Outer House 20 August 2021

High Court refuses post-conviction appeals by three men convicted of abduction and rape

The High Court of Justiciary has refused three appeals on behalf of men convicted of abduction and rape based on advances in medical science after their cases were referred to the court by the Scottish Criminal Cases Review Commission.

High Court of Justiciary 19 August 2021

Kurdish Iraqi citizen who claimed to be victim of blood feud has asylum petition refused by Inner House

The Inner House of the Court of Session has refused an Iraqi citizen of Kurdish ethnicity who claimed to be involved in a blood feud permission to appeal the refusal of his judicial review petition against the Upper Tribunal.

Court of Session Inner House 18 August 2021

Outer House judge sets aside prejudicial transactions by late farmer who suffered from lung condition

The nephew of a deceased farmer has successfully had a number of prejudicial deeds granted by his late uncle in favour of a finance company set aside by a commercial judge in the Outer House of the Court of Session.

Court of Session Outer House 17 August 2021

Outer House reduces Scottish Ministers’ decision not to progress man who raped and murdered his neighbour to open estate

A judge in the Outer House of the Court of Session has reduced a decision not to progress a prisoner serving a life sentence in closed conditions at HMP Edinburgh to the open estate after he petitioned for a judicial review of the decision.

Court of Session Outer House 16 August 2021

Outer House judge permits out-of-time petition challenging Scottish Ministers’ failure to investigate Donald Trump’s Scottish assets

A judge in the Outer House of the Court of Session has permitted a petition by a US-based non-profit organisation for judicial review of the approach taken by the Scottish Ministers in applying for Unexplained Wealth Orders to proceed.

Court of Session Outer House 13 August 2021