Case Reports

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,

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. Lord Woolman (pictured) found against Scottish & Southern Energy in its claim

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

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. In Case C-698/15, Mr Tom Watson, Mr Peter Brice and Mr Geoffrey Lewis brought actions challenging the UK

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. A judge in the Court of S

A Commission decision to dismiss a request for review of a market authorisation decision on products containing genetically modified soybeans has been backed by the General Court because the parties making the request failed to refute the Commission’s findings that: 1) there are no significant dif

A man found guilty of assault and robbery who claimed that a sheriff’s warning to a witness about potential prevarication or perjury restricted his defence lawyer’s ability to cross-examine the witness has had an appeal against his conviction refused. The appellant argued that there had been a �

The Muslim man convicted of the “religiously motivated” murder of a Glasgow shopkeeper because of his membership of the Ahmadi sect of Islam has failed in an appeal against his sentence. Tanveer Ahmed, who was sentenced to life imprisonment with a punishment part of 27 years after pleading guilt

Three English councils have been granted orders by the Court of Session in a landmark ruling which ensures that decisions by the High Court of England and Wales placing four children in secure accommodation north of the border are recognised and enforceable in Scotland. Judges in the Inner House of

The European Union Intellectual Property Office (EUIPO) must re-examine whether the three-dimensional shape corresponding to the product “Kit Kat 4 fingers” may be maintained as an EU trade mark because distinctive character acquired through use of the mark must be shown in all the member states

A schoolboy who was seriously injured in an accident when a gate fell on him while he and a friend were playing on a farm has been awarded more than £325,000 damages. A judge in the Court of Session ruled that one half of the couple who lived on the farm failed to take reasonable care for his safet

Irregular migrants held in a centre on the island of Lampedusa in the wake of the Arab Spring suffered violations of their Convention rights, the Grand Chamber of the European Court of Human Rights has unanimously held. In the case of Khlaifia and Others v. Italy, the court held that there had been:

An appeal against an Opinion of an Extra Division of the Inner House of the Court of Session that a pharmacist convicted of domestic abuse offences not be removed from the practice register on the basis of a "middle way" between suspension and removal, as well as the respondent pharmacist’s cross-

A recipient of state benefits who challenged a decision to impose a direct earnings attachment after she allegedly obtained more than £20,000 by misrepresentation has a had a petition for judicial review dismissed. The petitioner claimed that the obligation to repay benefits received by misrepresen

A council tenant who claimed that his occupancy agreement which was to “continue on a fortnightly basis” should be treated as a Scottish secure tenancy because it did not contain an express provision stating that it was for a term of less than six months has won an appeal against a decision allo