Case archive

Civil engineering firm did not breach duty of care to tenants of contaminated housing development

Two tenants of properties in a housing development in Motherwell have failed to establish that a civil engineering firm breached a duty of care owed to them in respect of injuries they sustained whilst living on the site.

Court of Session Outer House 26 May 2020

Prison escapee’s petition for judicial review of progression decision refused

A prisoner in HMP Glenochil serving nearly 20 years in custody has been refused permission for judicial review of a decision of the Scottish Ministers not to move him into less secure prison conditions.

Court of Session Outer House 22 May 2020

Glasgow businessman’s appeal against fire insurance decision refused

A man who had an insurance policy in respect of commercial premises in Glasgow had has his appeal against a decision that his insurer was not bound to indemnify him refused.

Court of Session Inner House 21 May 2020

Waste processing company’s breach of contract action against city council continued to hearing

A waste management company that sought damages for breach of contract from a city council has had their case continued to a hearing to determine the nature and scope of the proof.

Court of Session Outer House 20 May 2020

Oil company successfully restores former licensees to register of companies pending Texas court action

An oilfield tool manufacturing company has succeeded in its petition to restore its former licensees to the register of companies so that they could be the defendants in an action before the federal court of Texas in which they were the plaintiff.

Court of Session Inner House 19 May 2020

Chinese victim of human trafficking wins appeal against deportation decision

A Chinese national who was identified as a victim of modern slavery but was initially refused discretionary leave to remain in the UK has successfully petitioned for a reduction of the decision.

Court of Session Outer House 18 May 2020

Guarantee agreement between biogas company and sub-contractor resolved in favour of neither party

A dispute concerning the terms of a guarantee agreement between a biogas company that instructed a contractor to build it an anaerobic digestion plant in Aberdeenshire and the contractor’s sub-contractor has been resolved in favour of neither party.

Court of Session Outer House 15 May 2020

Inner House rules property development firm that managed flats “not a property factor”

A property development firm has succeeded in appealing a decision of the Upper Tribunal for Scotland that they were considered the property factors of a building under the Property Factors (Scotland) Act 2011 and were required to comply with the Property Factor Code of Conduct.

Court of Session Inner House 14 May 2020

Oil and gas company’s proposed schemes of arrangement approved

An oil and gas group had has its petition for sanction of schemes of arrangement under part 26 of the Companies Act 2006 granted by the Outer House of the Court of Session.

Court of Session Outer House 13 May 2020

Widow loses medical negligence claim after husband died one day after hospital discharge

The widow of a man who died from cardiac arrest the day after he was discharged from hospital has been unsuccessful in an action for damages arising from medical negligence.

Court of Session Outer House 12 May 2020

Perth and Kinross Council's petition for judicial review of call-in notice dismissed

The Outer House of the Court of Session has refused a petition for judicial review of the decision by the Scottish Ministers to issue a call-in notice in respect of a local authority’s decision to implement a proposal to close a rural primary school.

Court of Session Outer House 11 May 2020

Man detained in psychiatric hospital refused permission to appeal SLCC decision

A man currently detained in a psychiatric hospital has been refused permission to appeal a decision of the Scottish Legal Complaints Commission regarding the service he received from a solicitor.

Court of Session Inner House 7 May 2020

Early childhood practitioner loses appeal against temporary suspension

An early-years practitioner who was given a Temporary Suspension Order (TSO) after her fitness to practice was called into question has been unsuccessful in challenging the decision.

Sheriff Court 6 May 2020

Council ordered to re-consider planning application for Cumbernauld retail park expansion

The owners of a shopping centre in Cumbernauld have succeeded in a petition for judicial review made against a decision of North Lanarkshire Council to grant planning permission for a major development near Cumbernauld Town Centre.

Court of Session Outer House 5 May 2020

Advocate has limited success in complaint eligibility appeal

An advocate who was alleged to have acted inappropriately in commercial proceedings regarding location-based dating apps has succeeded in having one of four complaints made against him quashed, with the other three remaining eligible for investigation.

Court of Session Inner House 4 May 2020