Case Reports

A man facing extradition to Poland who challenged the order to extradite him on medical grounds has had an appeal dismissed. The High Court of Justiciary Appeal Court upheld the decision of the sheriff to order the appellant’s extradition to the Republic of Poland in terms of section 21(3) of the

A homeowner who claimed that a Scottish local authority acted beyond its powers in imposing a condition that a property owner required to pay their share of the cost of repairs to a tenement by the time the final account for the works was issued or be liable for the full costs has had his legal chal

A businessman is suing a Scots lawyer over the solicitor’s allegedly “negligent” advice in the purchase of a petrol station and car wash. A judge in the Court of Session allowed a proof in the action by Sajjad Soofi against Jeffrey Dykes of Glasgow solicitors’ firm Dykes, Glass and Co, over

Muslim parents in Switzerland whose daughters were refused an exemption from compulsory mixed swimming lessons by authorities suffered no violation of their article 9 rights (freedom of thought, conscience and religion), judges in the European Court of Human Rights have unanimously ruled. The court

A mother found guilty of contempt of court and sentenced to three months' imprisonment after breaching court orders that she facilitate contact between her son and the child’s father has successfully appealed against her conviction and sentence. The Inner House of the Court of Session ruled that t

A golfer who was seriously injured when he fell into a manhole on a course has had an action for damages against his fellow club members dismissed. Colin Taylor sued the eight members of the executive board at Colville Park Golf Club in Motherwell, not as representatives of the club, but in a person

Two Nigerian entrepreneurs who were granted permission to remain in the UK have successfully challenged decisions to revoke their leave.The Aberdeen-based businessmen had each set up their own IT consultancy company, but due to the downturn in the oil industry they required to diversify their busine

The Criminal Appeal Court has issued an opinion clarifying whether and when the admissibility of evidence seized under a valid search warrant may competently be challenged by preliminary issue minute. A full bench held that a distinction could be drawn where the challenge is to the granting of the w

A consumer whose legal dispute over the purchase and return of a laptop 18 years ago spawned a litigation which ended up in the UK Supreme Court has failed in a £600,000 action against the bank which he claimed “annihilated” his credit rating. Richard Durkin, 46, who was eventually awarded just

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