Case archive
Chief Constable of Police Scotland not vicariously liable for psychiatric harm to ex-undercover officer
The Inner House of the Court of Session has granted decree of absolvitor to the Chief Constable of Police Scotland for the actions of a police officer towards a member of the public.
Court of Session Inner House 1 May 2020
Appeal on leading evidence of complainer's previous sexual conduct refused
The appellant, SJ, was due to appear at trial on three charges. The first was for sexual assault, the second for rape, and the third for perverting the course of justice by disposing of his mobile phone to prevent the police from gaining access to information in it. The appeal was heard by Lord Malcolm, Lord Turnbull, and Lord Pentland, all three of whom gave opinions. Previous conduct At the time of the alleged offenc
Appeal Court of the High Court of Justiciary 30 April 2020
Renewable energy firm's appeals over Moscow wind farm refused
A renewable energy firm that was held to be in breach of planning control in respect of a wind farm development has had its appeals to the Inner House of the Court of Session refused.
Court of Session Inner House 29 April 2020
Man who raped woman in hotel loses appeal against conviction
A man who was sentenced to six years’ imprisonment for raping a woman in an Edinburgh hotel has had his appeal against conviction refused.
Appeal Court of the High Court of Justiciary 28 April 2020
Article 6 of ECHR ‘not engaged’ in dispute over £40 fixed penalty notice
A man who petitioned for judicial review of the Antisocial Behaviour etc. (Scotland) Act 2004 after being issued with a £40 fixed penalty notice has had his appeal against the refusal of his petition refused.
Court of Session Inner House 27 April 2020
Lothian valuation board wins appeal over council tax on ‘golden share’ affordable housing
The Inner House of the Court of Session has allowed an appeal on how affordable housing units subject to ‘golden share’ provisions ought to be valued for council tax purposes.
Court of Session Inner House 24 April 2020
Home Office succeeds in challenging judicial review of ‘hostile environment’ letting policy
The High Court of England and Wales has allowed an appeal by the Home Secretary against judicial review proceedings challenging the lawfulness of provisions under the Immigration Act 2014 preventing landlords in the private sector from letting to irregular immigrants.
England and Wales High Court 23 April 2020
COVID-19: Debenhams’ administrators took on contracts of furloughed employees
The joint administrators of the department store Debenhams have been held by the High Court of England and Wales to have adopted the employment contracts of personnel who had been furloughed due to the company’s participation in the Coronavirus Job Retention Scheme (JRS).
England and Wales High Court 22 April 2020
Wind farm developer successfully petitions for judicial review against MoD
A developer of commercial wind farms that applied for planning permission for a wind farm within the consultation zone of the Eskdalemuir Seismic Array has succeeded in petitioning the court for a time extension to begin proceedings for judicial review.
Court of Session Outer House 21 April 2020
Woman who shook eight-month-old baby loses appeal against conviction
A woman who was sentenced to three years' imprisonment for shaking an eight-month-old baby and endangering her life has lost her appeal against conviction.
Appeal Court of the High Court of Justiciary 20 April 2020
Edinburgh City Council loses planning appeal over waterfront development
A city council that refused to allow a developer to proceed with the development of a mixed-use site without complying with a condition of their original planning permission has had their appeal against a decision to allow it refused.
Court of Session Inner House 17 April 2020
Inner House remits NHS trust’s historic VAT case to First-tier Tribunal
An NHS trust that applied to recover overpaid VAT has successfully appealed against the decision to reject its case by the Upper Tribunal, with the Inner House remitting the case to the First-tier Tribunal for reconsideration.
Court of Session Inner House 16 April 2020
Inner House rules that landlord can demolish property subject to repairing standard order
A tenant who rented a cottage in Argyll that the landlord intended to recover possession of in order to demolish it has had his appeal against the possession order refused.
Court of Session Inner House 15 April 2020
Doctor loses appeal against medical tribunal’s decision she falsified report
A doctor who was removed from the medical register after being found to have intentionally falsified parts of a medical examination has had her appeal against the decision refused.
Court of Session Inner House 14 April 2020
Repeat offenders denied bail appeal due to COVID-19 uncertainties over trial diet
Two men who had been remanded in custody since July 2019 charged with assault and robbery and whose trial had been postponed due to the suspension of jury trials have had their appeal against refusal of bail refused.
Appeal Court of the High Court of Justiciary 9 April 2020
