Case archive

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

Airline passenger whose flight was delayed by more than six hours awarded compensation by sheriff

An airline passenger whose flight from Scotland to Spain was delayed by more than six hours has been awarded €400 in compensation after the carrier’s claim that the delay was caused by “extraordinary circumstances” was rejected.

22 December 2015

Woman’s late application to amend £15m medical negligence claim over ‘mismanaged birth’ refused

A woman who was left permanently disabled after sustaining a “profound and irreversible” brain injury during her birth has had a late application to amend her claim against a health board refused.

Court of Session Outer House 21 December 2015

Golf club’s £500,000 damages claim over clubhouse fire caused by electric golf trolley dismissed after failing ‘proximity’ test

A golf club which sued the suppliers of an electric trolley after a “Motocaddy” caught fire and caused extensive damage to a clubhouse have had an action for more than £500,000 damages refused.

Court of Session Outer House 18 December 2015

Indian ‘overstayer’ who married British woman wins human rights appeal over decision to refuse application for leave to remain in UK

An Indian student who married a British woman has successfully challenged a decision to refuse his application for leave to remain in the UK as a spouse and to certify his human rights claim as “clearly unfounded”.

Court of Session Outer House 15 December 2015

Diary entries cannot provide corroboration of distress in rape cases, appeal court holds, in refusing ‘miscarriage of justice’ claim

A man found guilty of rape who claimed that the trial judge “misdirected” the jury when he said the complainer’s diary entry could provide evidence of her distress and thus corroboration of lack of her consent has had an appeal against conviction refused.

High Court of Justiciary 11 December 2015

Full bench overrules authority on breach of interdict review after ruling ‘ordinary civil appeal is competent’

A decision that a sheriff’s finding of contempt of court and subsequent sentence for breach of interdict were reviewable only by petition to the “nobile officium” has been overruled.

Court of Session Inner House 10 December 2015

Election Court refuses petition challenging election of Alistair Carmichael over alleged ‘illegal practice’

A petition challenging the election of Alistair Carmichael (pictured right) as Liberal Democrat MP for Orkney and Shetland has been refused after judges ruled it had not been proved beyond reasonable doubt that he had committed an “illegal practice”.

9 December 2015

Application for extension of time to lodge note of appeal refused over failure to show ground of appeal ‘would probably succeed’

An application by a man found guilty of a series of sexual offences against four children for an extension of time in which to lodge a note of appeal has been refused.

High Court of Justiciary 8 December 2015

Inner House allows appeal and orders different judge to hear case of alleged contempt of court in the course of commission and diligence

A judge’s decision not to make a finding of contempt of court against a company which allegedly failed to comply with court orders allowing the recovery of certain documents has been successfully challenged on appeal.

Court of Session Inner House 7 December 2015