Case archive

Iranian asylum seeker fails to challenge Home Office certification of unfounded claim

An Iranian citizen who sought asylum in the UK after failing to obtain asylum in Germany has failed to challenge a Home Office decision that his case was clearly unfounded and therefore could not be considered by an immigration tribunal.

Court of Session Outer House 11 September 2020

Glasses company loses appeal against timebar decision on 2005 VAT assessment

A glasses company that appealed against decisions and assessments of HM Revenue and Customs from 2005 to 2008 has failed to challenge the decision of the Upper Tribunal in respect of a timebar issue in relation to VAT assessments from 2005. 

Court of Session Inner House 10 September 2020

Reclaiming motion seeking clarification on judicial review appeal rules refused as incompetent

A citizen of Nigeria who challenged a finding that his petition for judicial review of the decision of the Home Secretary not to treat his further submissions as a fresh claim for asylum was not made within the statutory three-month time limit has had his reclaiming motion against the decision refused as incompetent.

Court of Session Inner House 9 September 2020

Construction firm fails to establish council’s breach of transparency obligations in tender process

A construction company that unsuccessfully tendered for a local authority contract has failed to establish that the local authority was in breach of transparency obligations imposed on it by the Public Contracts (Scotland) Regulations 2015. 

Court of Session Outer House 8 September 2020

Shale aggregate extractors lose appeal against payment to redress unlawful tax break

A company that benefited from unlawful tax exemptions and was ordered to pay over £1 million to HM Revenue and Customs has lost an appeal challenging a payment order made to that effect. 

Court of Session Inner House 7 September 2020

Barlinnie prisoner who was released and then detained again loses judicial review case

A convicted prisoner detained at HMP Barlinnie subject to an order for lifelong restriction has had his petition for judicial review of the decision of the Scottish Ministers and Glasgow City Council not to conduct any risk assessment exercises in relation to him refused. 

Court of Session Outer House 4 September 2020

UK Supreme Court dismisses telecoms patent infringement appeal by Huawei

A patent infringement appeal brought against the UK branch of the telecommunications company Huawei has been dismissed by the UK Supreme Court after the company challenged the decision by the English Court of Appeal to uphold the trial judge’s order.

UK Supreme Court 3 September 2020

German children who spent a year in England held on appeal to have acquired habitual residence

A mother who was found by the English High Court of Justice to have wrongfully retained her children in England after moving from Germany with them has successfully appealed the decision in the Court of Appeal (Civil Division). 

England and Wales Court of Appeal 2 September 2020

Housing tribunal resumes publication of tenancy deposit case management discussions 

The First-tier Tribunal for Scotland (Housing and Property Chamber) has resumed issuing written decisions in Case Management Discussions following the resumption of proceedings from 9 July 2020.

Upper Tribunal for Scotland 29 July 2020

Sheriff rules pursuer’s settlement offer in personal injury case can be impliedly withdrawn

The defender in a personal injury case who sought decree that a settlement offer by the pursuer could not be withdrawn impliedly even in a change of material circumstances has had its motion refused by the All-Scotland Sheriff Personal Injury Court in Edinburgh.

Sheriff Court 1 September 2020

Child abduction order for Italian girl temporarily placed into foster care refused

A mother who applied for an order under the Child Abduction and Custody Act 1985 on the basis that her child had been wrongfully retained in Scotland has had her petition refused on the ground that the child was not habitually resident in Italy.

Court of Session Outer House 31 August 2020

Falun Gong practitioner loses appeal against immigration decision

A Chinese citizen who claimed to be at risk of persecution in China because of his practise of the banned Falun Gong religion has lost his appeal against a decision by the Home Secretary to treat his further submissions as a fresh claim.

Court of Session Inner House 28 August 2020

Teen who committed knife assault in Edinburgh has sentence reduced

A teenager who was sentenced to four years’ imprisonment after committing an assault with a knife has had his sentence reduced by eight months on appeal. 

Appeal Court of the High Court of Justiciary 27 August 2020

Father’s petition to have daughter returned to Poland refused by Inner House

A Polish national who sought a return order under the Child Abduction and Custody Act 1985 in respect of his daughter, who had been taken to Scotland in 2019, has had his petition refused following an appeal by the child’s mother. 

Court of Session Inner House 26 August 2020

Mother of man with Down's Syndome has petition against service charges refused

The mother and legal guardian of a man with Down’s Syndrome has been unsuccessful in her challenge of a decision of Glasgow City Council that he must pay a contribution to the costs of services provided to him. 

Court of Session Inner House 25 August 2020