Case archive

Personal Injury Court issues guidance on motions for sanction for employment of counsel

The All-Scotland Sheriff Personal Injury Court has issued a judgment to give some guidance on motions for certification of skilled persons and sanction for the employment of counsel made under new court rules introduced in 2019. Sheriff Kenneth McGowan said the terms of motions should reflect “as

Sheriff Court 10 January 2020

Scottish council acted ‘unlawfully’ by failing to consult over closure of day centre for disabled adults

The father of a man with severe physical and learning disabilities has successfully challenged a Scottish local authority’s decision to close an adult day care centre, after a judge found that the council acted “unlawfully” by failing to consult users who relied on the service.

Court of Session Outer House 9 January 2020

Three-month time limit for judicial review proceedings begins from date of decision, judge rules

The three-month time limit for raising judicial review proceedings begins on the date when the decision under challenge is made and not when the party seeking to bring the action is notified of the decision.

Court of Session Outer House 8 January 2020

Criminal Appeal Court issues guidance on sentencing discounts for returned prisoners 

A man who admitted a domestic assault charge after being released from prison on licence following a previous conviction for housebreaking has had his sentence for the latest offence reduced from 27 months to 17 months on appeal, in a new guideline judgment on how to take into account time spent on remand following a guilty plea.

Appeal Court of the High Court of Justiciary 7 January 2020

Sheriffs erred in refusing decree in absence for breach of conditional car sale agreement

A lender which sued two customers for payment of outstanding sums due on car sale agreements has successfully appealed against decisions to refuse to grant decree in their favour after the actions were undefended.

Sheriff Appeal Court 23 December 2019

Proprietors sued for payment of property maintenance charge win appeal as real burdens clause ‘void for uncertainty’

Homeowners who were ordered by a court to pay a proportion of the cost of maintaining the amenity grounds in their housing scheme after being sued by an estate and land management company have successfully challenged the decision.

Sheriff Appeal Court 20 December 2019

Damages claim over coach crash caused by ‘freak’ gust of wind dismissed 

A passenger on a coach which careered off a road and down an embankment at the “Rest and Be Thankful” has had a personal injury action for £15,000 damages rejected.

Court of Session Outer House 19 December 2019

Part-time judges prevail in pension case at Supreme Court

Four part-time judges have succeeded against the Ministry of Justice in an appeal to the Supreme Court over their rights to a pension.

UK Supreme Court 18 December 2019

Court grants ‘guardianship order’ to protect vulnerable adult teenager despite opposition

A vulnerable adult teenager whose life has been characterised by “chaos, abuse and neglect” has been made the subject of a court order to protect her welfare following an application by a Scottish local authority.

Sheriff Court 18 December 2019

Scots lawyer’s legal challenge against disciplinary tribunal’s expenses award dismissed as ‘incompetent’

A Scots lawyer found guilty of “professional misconduct” who was ordered to pay the legal expenses of the proceedings on an “agent and client” scale has had a legal challenge against the decision dismissed.

Court of Session Outer House 17 December 2019

Sex offender has sentence reduced over ‘material misdirection on mutual corroboration’

A man who was jailed for two years after being found guilty of three instances of sexual assault libelled in a single “omnibus” charge has had his sentence reduced after appealing against his conviction.

Appeal Court of the High Court of Justiciary 16 December 2019

Inmate fails in human rights challenge to prison officer’s confiscation of card ‘containing drugs’

A long-term prisoner whose personal mail was confiscated after a sniffer dog detected drugs has had a legal action against the prison authorities dismissed.

Court of Session Outer House 13 December 2019

World Heritage Site hotel wins appeal against decision to refuse bid for charitable status

A hotel which donates a proportion of its revenue to a trust that manages a Scottish World Heritage Site has successfully challenged a decision to reject its application for charitable status.

Upper Tribunal for Scotland 11 December 2019

Motorist found to have caused death by dangerous driving after examination of facts fails in appeal against decision

A motorist found to have caused death by dangerous after being deemed “unfit to stand trial” because he suffers from dementia has had an appeal against the finding that he committed the offence dismissed.

Appeal Court of the High Court of Justiciary 12 December 2019

Glasgow City Council action to recover damages from bin lorry crash driver’s former employer dismissed 

A legal action by Glasgow City Council against bus operator First Glasgow to recover £860,000 in damages plus more than £40,000 in expenses paid to the family of one of the victims of the tragic bin lorry crash five years ago has been dismissed.

Court of Session Outer House 11 December 2019