Case archive

England: Charity successfully challenges NHS decision not to consider preventative treatment for HIV and AIDS

The High Court has held that NHS England erred in law by refusing to consider the funding of an anti-retroviral drug that would ultimately save the health service money by reducing the occurrence of HIV and AIDS by upwards of seventy-five per cent.

3 August 2016

Criminal Appeal Court: Attempt to commit statutory rape is a competent charge

An attempt to commit the statutory offence of rape is an indictable crime, appeal judges have ruled.

High Court of Justiciary 2 August 2016

Judge allows housing society’s bid to rectify collateral warranty to correct identity of granter in damages action

A housing association pursuing a claim for damages against a sub-contractor has successfully applied to rectify a contract following a dispute about the identification of the company which granted it a warranty.

29 July 2016

Judge grants petition to remove ‘Independence Camp’ after rejecting protestors’ human rights claim

A legal bid to remove the so-called “Independence Camp” from the grounds of the Scottish Parliament has been granted after a judge in the Court of Session ruled that such a move would not breach the protestors’ human rights.

Court of Session Outer House 28 July 2016

Scottish government's information sharing provisions in Named Person scheme incompatible with Article 8 ECHR

The Christian Institute and others’ appeal against the Scottish government’s Named Person scheme has been unanimously allowed by judges in the Supreme Court on the basis the information sharing provisions in Part 4 are incompatible with Article 8 ECHR — meaning the legislation will not be brought into force as it stands.

UK Supreme Court 28 July 2016

Defrauded representee need not prove belief that misrepresentation was true

In a claim to set aside a compromise on the basis of fraudulent misrepresentation, the defrauded representee need not prove it settled in the belief the misrepresentation were true in order to demonstrate influence by or reliance on that misrepresentation.

UK Supreme Court 28 July 2016

Supreme Court refers questions over deportation of Italian national to Luxembourg court

The question whether enhanced protection depends on a right of permanent residence has been referred to the Court of Justice of the European Union by the Supreme Court in a case in which the Home Secretary tried to deport an Italian national following completion of his sentence for manslaughter.

UK Supreme Court 27 July 2016

Golf club’s appeal for £500,000 damages over clubhouse fire caused by electric golf trolley dismissed

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

Court of Session Inner House 27 July 2016

Scottish Ministers win appeal over wind farm consent decision

The Scottish Ministers have successfully challenged a judge’s decision to reduce a planning consent granted for the development of a new wind farm near Fort Augustus.

Court of Session Inner House 26 July 2016

Workers entitled to allowance where they cannot use outstanding paid annual leave as a result of sickness

When a worker puts an end to their employment relationship they are entitled to an allowance if they could not use up all or part of their right to paid annual leave, the Court of Justice of the European Union has ruled.

25 July 2016

Scots lawyer fails in dispute with former firm over payments due under partnership agreement

A solicitor who resigned as a partner in a Scots law firm following a dispute about his entitlement to certain payments has failed in his claim against the firm.

Court of Session Inner House 25 July 2016

Malicious prosecution claim in civil proceedings permitted to go to trial in 5-4 Supreme Court ruling

Malicious prosecution can exist in civil proceedings as between private individuals, the Supreme Courthas ruled.

UK Supreme Court 22 July 2016

Owners of pub destroyed by fire win damages action against electricity company

The owners of a pub and proprietors of properties within a tenement which was destroyed by a fire are to be awarded more than £2 million in damages after a judge ruled that the building’s electricity suppliers were at fault for the blaze.

Court of Session Outer House 22 July 2016

Collateral lie not fatal to insurance claim, Supreme Court rules

ed by a flood in her engine room. Her main engine was damaged beyond repair. The flood was caused by (i) the crew’s negligence in failing to close the sea inlet valve in the emergency fire pumps, (ii) damage to the pumps, (iii) the negligence of previous contractors who had failed to seal bulkheads and (iv) defects in the engine room pumping system. The appellant owners presented an insurance claim to the respondent insurers for €3,241,310.60. They told the insurer’s solicitors that the crew had informed them that the bilge alarm had sounded at noon that day, but could not be investigated because the vessel was rolling in heavy weather. This was a lie told by the owners to strengthen the claim, accelerate payment under the policy, and take the focus off any defects in the vessel for which the owners might have been responsible. The lie was in fact irrelevant to the claim, since the vessel’s loss was found to have been caused by a peril of the seas. But the judge held that the owners’ lie was a “fraudulent device”, which meant the insurers did not have to pay out under the policy. The Court of Appeal agreed.

UK Supreme Court 21 July 2016

RSPB wins legal challenge to put offshore wind farms on hold

A bird conservation charity has successfully challenged plans to develop four offshore wind farms in the Firth of Forth and Firth of Tay.

Court of Session Outer House 21 July 2016