Case archive

Life prisoner who challenged decision to increase supervision has petition for judicial review dismissed

A life prisoner who challenged a decision by the prison service to increase his supervision requirement after he was suspected of being involved in the distribution of illicit substances in jail has had a petition for judicial review dismissed.

Court of Session Outer House 26 January 2016

Former lecturer who contracted mesothelioma fails in damages action against university over asbestos exposure

A retired academic who contracted a rare form of cancer which he claimed was the result of exposure to asbestos during the course of his employment at a university has had an action for £180,000 damages dismissed.

Court of Session Outer House 22 January 2016

Dangerous driver loses appeal against conviction as falling asleep at wheel is a ‘voluntary act’

A woman who was found guilty of dangerous driving after falling asleep at the wheel and crashing into an oncoming vehicle has lost an appeal against conviction.

High Court of Justiciary 21 January 2016

Appeal judges pour cold water on claim that fire service was liable in damages for failing to extinguish blaze

The owner of a farmhouse destroyed by a fire who claimed that the fire service failed to properly extinguish the blaze has had an action for damages dismissed.

Court of Session Inner House 20 January 2016

Determinate sentence prisoner refused permission for judicial review as petition had ‘no real prospects of success’

A prisoner serving a determinate sentence who claims that the Scottish Prison Service have failed to provide him with the opportunity to show that he no longer poses a risk to the public has had an application for permission to seek judicial review dismissed.

Court of Session Outer House 19 January 2016

Scots lawyer who was suspended from practising fails in damages action against former client as writ was not validly served

A Scots lawyer who was awarded £150,000 after suing a former client, but later saw the decision overturned after a judge ruled that the initial writ was not validly served because the solicitor had been suspended from practising, has failed in an appeal.

Court of Session Inner House 18 January 2016

Motion for summary decree in civil action over boy’s death at Royal Highland Show which sought to rely on health and safety conviction refused

The family of a boy who died in a tragic accident while attending the Royal Highland Show have had a motion for summary against the operators of the event refused.

Court of Session Outer House 15 January 2016

Motion to remit ‘small and straightforward’ damages claim to new personal injury court refused

A motion to remit a £25,000 damages action to the new national personal injury court has been refused by a judge in the Court of Session.

Court of Session Outer House 14 January 2016

Sheriff Criminal Appeal Court issues first judgment - refuses appeal against ‘excessive’ cumulo sentence

The Sheriff Criminal Appeal Court has issued its first judgment, refusing an appeal against sentence by a man who was convicted of assault and a statutory breach of the peace charge.

Sheriff Appeal Court 12 January 2016

Scots lawyer who accepted offer to settle ‘slopping out’ claim without client’s instruction fails in appeal against ‘professional misconduct’ ruling

A Scots lawyer who was found to have acted in a “reckless and cavalier manner” by accepting an offer to settle a “slopping out” claim on behalf of a prisoner client for whom he was no longer instructed to act has failed in a challenge to a tribunal’s finding that he was guilty of “professional misconduct”.

Court of Session Inner House 7 January 2016

Scots law firm fails in appeal against solicitors’ pension fund’s £50,000 claim over liability for outstanding contributions

A firm of solicitors which challenged a claim by the trustees of a fund set up to provide pensions for employees of legal practices and their dependants has failed in an appeal against a judge’s decision to grant decree against the firm to pay its share of a deficit on the fund.

Court of Session Inner House 6 January 2016

Child counsellor wins appeal against decision to include her name on children’s list

A child counsellor with convictions for offences of dishonesty whose application to be the kinship carer for her teenage niece and nephew was refused following a disclosure check has successfully appealed against a decision to include her name on the children’s list.

24 December 2015

Employer not ‘vicariously liable’ for ‘banter’ which resulted in manager throwing claw hammer and injuring worker

A worker at a scaffolding firm who was injured when a manager threw a claw hammer which accidentally struck him on the head has had a claim for damages dismissed after a court ruled that his employers were not “vicariously liable”.

Sheriff Court 23 December 2015

Company pleads guilty to health and safety breaches following rail bridge worker's death

A company which pleaded guilty to health and safety breaches after a railway bridge worker died from inhaling gas fumes has been handed a £200,000 fine.

22 December 2015

Police authority employee who took indecent images of children from computer systems jailed for five years

A Scottish Police Authority (SPA) employee who made and possessed indecent images of children and extreme pornography depicting humans and animals has been sentenced to five years in prison by a judge at the High Court in Glasgow.

22 December 2015