Case Reports

A former prisoner who claimed that the policy of hand-cuffing him when he was escorted from jail to hospital for medical appointments while he was serving his sentence breached his human rights has had a damages claim dismissed. Easdale Campbell, who was convicted of attempted murder in 1996, argued

A couple who claim their house has been damaged by black “whisky fungus” from a local distillery will be able to pursue their action for damages. A judge in the Court of Session ruled that Thomas Chalmers and his wife Gail Chalmers had pled a “sufficient case” on liability to allow their cla

A consultant cardiac surgeon who disputed a sheriff’s fatal accident inquiry finding over a “reasonable precaution” which the doctor could have taken whereby the death might have been avoided has had his legal challenge against the determination dismissed. A judge in the Court of Session refus

The liquidator of a multi-million pound hedge fund who raised a damages action against two Scottish legal firms for alleged “breached of contract, negligence, breach of fiduciary duties and dishonest assistance” has been granted a proof before answer. The Inner House of the Court of Session rule

Parents who challenged a permanence order made in respect of their child have had their appeals against a decision of the Inner House unanimously allowed by Justices in the Supreme Court. These appeals arise out of an application by West Lothian Council (“the local authority”) for a permanence o

A jobseeker who was denied employment in a care home after a disclosure check revealed that he had been “convicted” before a Children’s Hearing of lewd and libidinous practices nearly three decades ago had his human rights breached. A judge in the Court of Session ruled that the automatic disc

A Scottish mother has lost a legal dispute with the Australian father of her child after failing in an appeal against a judge’s ruling that their one-year-old son should be returned from Scotland to Brisbane so judges there can determine the baby’s future. The Inner House of the Court of Session

A worker who was seeking damages from his ex-employers after being injured in an accident at work is now suing his former solicitors for loss caused to him over their failure to raise an action in time. Christopher Brits raised an action against Kilcoyne and Co after they missed the three-year time

The family of a Turkish businessman who was granted indefinite leave to remain in the UK have successfully challenged a decision by the Home Secretary to refuse their applications to stay in the country. A judge in the Court of Session ruled that the Secretary of State for the Home Department was wr

A woman who was left permanently disabled after sustaining a “profound and irreversible” brain injury during her birth has had an appeal to amend her claim against a health board refused. A judge had refused to allow a minute of amendment after proof but before issuing his judgment on the merits

A couple who were the victims of an “intentional course of harassment” at the hands of their neighbours have successfully challenged a sheriff’s decision to refuse their claim for interdict. The Sheriff Appeal Court ruled that the sheriff erred in law in holding that the appellants’ claim fa

The widow of a scuba diving enthusiast who was killed in an accident will not be able to pursue her claim for damages against the owners and operators of a vessel from which her late husband fell and drowned, but appeal judges ruled that she will be able to sue as guardian to their young child. The

The man convicted of the murder of school girl Paige Doherty has had his sentence reduced following an appeal after claiming that the punishment part imposed was “excessive”. John Leathem was sentenced to life imprisonment with a punishment part of 27 years after pleading guilty to the murder of

Under Directive 93/42 on medical devices, a notified body involved in the procedure related to the EC declaration of conformity is not under a general obligation to carry out unannounced inspections, to examine devices and/or to examine the manufacturer’s business records. However, where it is pre

The Court of Session has refused an application for leave to appeal against an £800,000 award made by an arbitrator following a dispute between parties to a construction contract. A judge dismissed the bid for a proposed “legal error appeal” in terms of rules 69 and 70 of the Scottish Arbitrati