Website of the Judiciary in Scotland

Andy Wightman MSP and others v Secretary of State for Exiting the EU

Friday, 21 September, 2018
Court Opinions

The Court of Session has ruled that a question about whether the United Kingdom’s decision to leave the European Union can be revoked should be answered by the Court of Justice of the European Union. The following is a summary of the court’s judgment.

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Ineos Upstream Ltd and another v Lord Advocate

Tuesday, 19 June, 2018
Court Opinions

A petition seeking judicial review of certain acts and decisions of the Scottish Government in implementation of what was purportedly an indefinite ban on “fracking” has been refused. The Court of Session held that the legal effect of certain statements and planning directions made by the Scottish Ministers to the effect that the Scottish Government will not support the development of unconventional oil and gas extraction in Scotland, and a subsequent decision that the directions should continue in force indefinitely, is that there is in fact no prohibition against fracking in force. The following is a summary of the detailed opinion issued by Lord Pentland.

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Andy Wightman MSP and others v Secretary of State for Exiting the EU

Friday, 8 June, 2018
Court Opinions

A request for a reference to the Court of Justice of the European Union for a ruling on the question of whether the United Kingdom can unilaterally revoke its notice of intention to the leave the EU has been refused. The Court of Session ruled that the question being asked was “hypothetical” and that the conditions for a reference had not been met. The following is a summary of the opinion of Lord Boyd of Duncansby.

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SSE Generation Ltd (SSE) v Hochtief Solutions AG

Tuesday, 10 April, 2018
Court Opinions

Scottish & Southern Energy (SSE) has succeeded in an appeal for £130 million damages against Hochtief Solutions AG following the collapse of a tunnel at the Glendoe hydro-electric scheme in 2009. An Appellate Division of the Court of Session allowed a reclaiming motion by SSE against a decision of the Court of Session, which found that Hochtief was not liable for the collapse, although the commercial judge at that stage had awarded £1 million to SSE to reflect the period during which the electricity generation scheme was out of operation. The following is a summary of the court opinion:

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Renyana Stahl Anstalt v Loch Lomond and The Trossachs National Park Authority

Tuesday, 27 March, 2018
Court Opinions

The owners of a Scottish estate who were seeking to challenge a decision to the effect that they had breached “the right to roam” by locking three gated entrances to the land and by erecting a sign warning of wild boar have had their appeal dismissed. An appellate division of the Court of Session has refused an appeal by Renyana Stahl Anstalt, the Liechtenstein-based owners of the Drumlean Estate in the Trossachs, against a decision of the Sheriff Appeal Court (SAC), which upheld a complaint by Loch Lomond and The Trossachs National Park Authority over the extent to which the landowners required to afford access to members of the public over the estate in terms of the Land Reform (Scotland) Act 2003. The following is a summary of the opinion of the court.

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Summaries of Court Opinions

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In certain cases the judgment reached by the court may be of wider public interest. In these cases a summary of the court’s Opinion is produced and published along with a link to the full Opinion.

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