Case archive

Alleged historic child sex abuse victim fails in appeal over ‘time-barred’ claim

A man who claimed he was sexually abused as child in a Catholic school more than 50 years ago has failed in an appeal against a judge’s decision that the action was time-barred.

Court of Session Inner House 13 January 2017

Man who challenged extradition to Poland on medical grounds loses appeal

A man facing extradition to Poland who challenged the order to extradite him on medical grounds has had an appeal dismissed.

High Court of Justiciary 12 January 2017

Council’s pre-payment condition for housing repairs grants ‘not unreasonable’

A homeowner who claimed that a Scottish local authority acted beyond its powers in imposing a condition that a property owner required to pay their share of the cost of repairs to a tenement by the time the final account for the works was issued or be liable for the full costs has had his legal challenge dismissed.

Court of Session Outer House 11 January 2017

Muslim parents whose daughters were refused mixed swimming exemption suffered no article 9 violations

Muslim parents in Switzerland whose daughters were refused an exemption from compulsory mixed swimming lessons by authorities suffered no violation of their article 9 rights (freedom of thought, conscience and religion), judges in the European Court of Human Rights have unanimously ruled.

European Court of Human Rights 10 January 2017

Judge allows proof in negligence claim against Scots lawyer

A businessman is suing a Scots lawyer over the solicitor’s allegedly “negligent” advice in the purchase of a petrol station and car wash.

Court of Session Outer House 10 January 2017

Mother jailed for contempt of court over failure to allow contact wins appeal

A mother found guilty of contempt of court and sentenced to three months' imprisonment after breaching court orders that she facilitate contact between her son and the child’s father has successfully appealed against her conviction and sentence.

Court of Session Inner House 9 January 2017

Injured golfer’s case against club board members dismissed as ‘irrelevant’

A golfer who was seriously injured when he fell into a manhole on a course has had an action for damages against his fellow club members dismissed.

Court of Session Outer House 6 January 2017

Home Secretary acted ‘unreasonably’ in revoking Nigerian entrepreneurs’ visas

Two Nigerian entrepreneurs who were granted permission to remain in the UK have successfully challenged decisions to revoke their leave.The Aberdeen-based businessmen had each set up their own IT consultancy company, but due to the downturn in the oil industry they required to diversify their business activities to include provision of security services.

Court of Session Outer House 5 January 2017

Appeal Court clarifies law on challenging admissibility of evidence obtained under warrant

The Criminal Appeal Court has issued an opinion clarifying whether and when the admissibility of evidence seized under a valid search warrant may competently be challenged by preliminary issue minute.

High Court of Justiciary 4 January 2017

Res judicata: man’s £600,000 claim against bank over laptop legal battle rejected

A consumer whose legal dispute over the purchase and return of a laptop 18 years ago spawned a litigation which ended up in the UK Supreme Court has failed in a £600,000 action against the bank which he claimed “annihilated” his credit rating.

Court of Session Inner House 23 December 2016

Legal criteria for opposing collective redundancies cannot be general and imprecise

EU law does not, in principle, prevent a member state from opposing collective redundancies in certain circumstances in the interests of the protection of workers and of employment. However, under such national legislation, which must in that case seek to reconcile and strike a fair balance between, on the one hand, the protection of workers and of employment and, on the other, employers’ freedom of establishment and their freedom to conduct a business, the legal criteria which the competent authority is to apply in order to be able to oppose projected collective redundancies cannot be formulated in general and imprecise terms.

23 December 2016

Ireland ordered to recover sums from airlines over unlawful state aid

Ireland must recover the sum of €8 per passenger from airlines benefiting from unlawful state aid because the difference between the lower and normal rates of the Irish air travel tax constitutes unlawful aid which must be recovered regardless of the benefit the airlines actually derived from the aid, the Court of Justice of the European Union (CJEU) has ruled.

22 December 2016

Energy company’s £130m claim against contractor over hydroelectric scheme tunnel collapse dismissed

An energy company which raised an action against an engineering contractor after a major tunnel collapsed at an electricity generation scheme has had a £130 million claim dismissed by a judge in the Court of Session.

Court of Session Outer House 22 December 2016

Parents of baby who had eyes removed due to cancer fail in negligence claim against health board

The parents of a baby boy who had his eyes removed after being diagnosed with a rare form of cancer have had an action against their local health board dismissed after claiming they were “fobbed off” by a health visitor when they reported concerns about one of his eyes.

Court of Session Outer House 21 December 2016

Indiscriminate retention of data precluded under EU law, Luxembourg rules

EU law precludes national legislation that prescribes general and indiscriminate retention of data except in the fight against serious crime, the Court of Justice of the European Union has ruled.

21 December 2016