Case archive

Aberdeen Harbour Expansion Project subcontractor establishes breach of contract by main contractor

A subcontractor involved in the Aberdeen Harbour Expansion Project has succeeded in establishing that the main contractor of the project breached the terms of their contract by omitting work within the scope of the subcontract and transferring it to other companies. 

Court of Session Outer House 2 October 2020

Son of Lockerbie bomber succeeds in obtaining order allowing appeal against father’s conviction

The High Court of Justiciary has granted an order allowing the son of the man convicted of the Lockerbie bombing, Abdelbaset Al Megrahi, to appeal against his late father’s conviction, following a referral of the case by the Scottish Criminal Cases Review Commission (SCCRC).

Appeal Court of the High Court of Justiciary 1 October 2020

Former employee of non-trading company fails to establish claim against liability insurer

A former employee of a company that ceased trading in 2017 has failed in his appeal to obtain £750,000 due to him after being injured at work from the company’s former insurer. 

Sheriff Appeal Court 30 September 2020

Sheriff Appeal Court finds sheriff unfairly divided property in divorce appeal

The former husband of a woman who sought divorce on the grounds of unreasonable behaviour has succeeded in appealing the manner in which the matrimonial property was divided. 

Sheriff Appeal Court 29 September 2020

Woman successfully obtains order for use of husband’s frozen sperm without correct forms

A woman who sought to undergo in vitro fertilisation (IVF) treatment using her late husband’s sperm has succeeded in obtaining an order allowing its use for that purpose despite his not signing the relevant forms. 

Court of Session Inner House 28 September 2020

Local authority successfully claims portion of commercial sub-lease cancellation fee

A local authority that claimed it was entitled to a percentage of a termination fee paid by a sub-lessee to the head tenant of a shopping centre it leased out has succeeded in establishing its entitlement to the monies. 

Court of Session Outer House 25 September 2020

Man found with indecent images of children loses appeal against conviction

A man who was found in possession of indecent images of children and convicted of offences under the Civic Government (Scotland) Act 1982 has had his appeal against conviction refused.

Appeal Court of the High Court of Justiciary 24 September 2020

Flat owner fails to establish statutory repair duty for downstairs neighbours

The proprietor of a flat in Edinburgh who sought to establish that their neighbour had a statutory obligation to pay for half the cost of repairs to the external render of the common wall of their building has had their application rejected by the Sheriff Court. 

Sheriff Court 23 September 2020

‘Pick-up artist’ wins appeal against convictions for threatening and abusive behaviour

A self-styled “pick-up artist” who was convicted of five minor sexual assault charges has succeeded in quashing all five convictions on appeal. 

Appeal Court of the High Court of Justiciary 22 September 2020

Father of young children in Annan loses appeal against 'no contact' order

The father of two very young children in Annan has unsuccessfully appealed the decision of a children’s panel that he should have no contact with his children. 

Sheriff Court 21 September 2020

Police officers in offensive WhatsApp group lose appeal against decision to investigate them

Ten police officers who brought a petition for judicial review of the decision by their superior to conduct misconduct proceedings against them using WhatsApp messages sent to and from them have had their reclaiming motion against the refusal of the Lord Ordinary of their petition refused by the Inner House of the Court of Session.

Court of Session Inner House 18 September 2020

Petition of Iranian asylum seeker who transported Kurdish political party members refused by Outer House

An Iranian asylum seeker who claimed to be at risk because he was suspected of supporting a Kurdish political party has had his petition for judicial review of the decision to refuse his claim rejected. 

Court of Session Outer House 17 September 2020

English Court of Appeal refuses appeal of decision to build school near airbase

The English Court of Appeal has refused an appeal of a decision to grant planning permission for a primary school near a United States Air Force base in the Lakenheath area.

England and Wales Court of Appeal 16 September 2020

Child abduction appeal allowed for child retained in England over Christmas

A father whose application under the 1980 Hague Child Abduction Convention was dismissed because the child’s habitual residence was held not to be in France has succeeded in appealing the decision in the English courts. 

England and Wales Court of Appeal 15 September 2020

El Salvador asylum seeker wins appeal against tribunal decision

An asylum seeker who claimed to fear persecution from a criminal gang in El Salvador has succeeded in challenging the finding of the Upper Tribunal that there were no arguable grounds of appeal against the original decision. 

Court of Session Outer House 14 September 2020