Case Reports

ScottishPower cannot deduct around £28 million paid to customers and charities under settlements with energy regulator GEMA when calculating its taxable profits, the Supreme Court has unanimously ruled. The court allowed an appeal by HM Revenue and Customs, holding that although the payments w

A Sri Lankan asylum seeker has failed in a judicial review challenge to the Upper Tribunal’s refusal of permission to appeal after the Outer House held that alleged inadequacies in its reasoning did not amount to a fundamental breach of natural justice. Lady Tait held that section 11A of the T

The Inner House has refused an appeal by Craig Murray against a decision to pause his Scottish judicial review challenge to the proscription of Palestine Action until the UK Supreme Court rules in parallel proceedings. The First Division held that the Court of Session had an inherent power to sist j

A prisoner convicted of attempted murder has failed in an appeal based on the Crown’s admitted failure to disclose a victim statement containing material potentially favourable to his defence. The High Court of Justiciary Appeal Court held that, although the statement should have been disclose

A company pursuing damages for alleged breaches of warranties in a share purchase agreement has been given an opportunity to examine preserved computer data after the Outer House held that its claim was out of time on its existing pleadings. Lord Lake ruled that an 18-month contractual time bar was

A man who received an order for lifelong restriction after a severe assault on his partner has failed in an appeal based on the fact that the risk assessor whose report supported the order had adverse findings made against him in another case shortly before giving evidence. The High Court of Justici

A mother who wrongfully retained her two children in Scotland has failed to establish that returning them to Ireland would expose them to a grave risk of psychological harm or otherwise place them in an intolerable situation. Lady Haldane held that the defence under Article 13(b) of the Hague Conven

A BBC Scotland journalist who was required to leave a closed hearing at Aberdeen Sheriff Court had his freedom of expression rights breached after the sheriff failed to consider the principle of open justice and the presence of the press, the European Court of Human Rights has ruled. The Strasbourg

A community catering enterprise seeking £5.25 million from two Serco companies has been allowed to take its fraudulent misrepresentation case to proof after the Outer House rejected arguments that its pleadings were irrelevant or insufficiently specific. Well-Fed Scotland CIC claims that Serco

A Universal Credit claimant has failed in a judicial review challenge to a requirement that she provide four months of unredacted bank statements as part of a Department for Work and Pensions review of her benefit entitlement. Lady Haldane held that regulation 38(2) of the Universal Credit, Personal

Aramark has failed in an appeal against a Competition Appeal Tribunal decision refusing to extend the time for challenging a Competition and Markets Authority ruling requiring it to divest Scottish offshore catering company Entier Limited. The Inner House held that the tribunal had been entitled to

A man convicted of sexual and other offences against four complainers has failed in an appeal alleging that the trial judge unfairly undermined the defence case when directing the jury about missing witnesses and wrongly introduced the concept of grooming. The High Court of Justiciary Appeal Court h

Tesco has failed in a judicial review challenge to a decision by Dumfries and Galloway Council allowing Sainsbury’s to operate a supermarket at an existing retail park outside Dumfries town centre. Lord Sandison held that the council had properly considered the relevant national and local plan

A father has failed in an attempt to replace a long-standing equal shared care arrangement for his two daughters with an unequal division in his favour after a sheriff held that the existing arrangements remained in the children’s best interests. Sheriff J Speir held that the father had not pr

A registered childcare practitioner has failed in an appeal against a Scottish Social Services Council fitness to practise decision despite a sheriff finding that the panel erred in its handling of its only eyewitness after she refused to complete her evidence. Sheriff Gregor Murray held that the Fi