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Summaries of Court Opinions

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In certain cases the judgment reached by the court may be of public interest or have wider implications beyond the parties involved. In these cases a summary of the court’s opinion will be produced and published along with a link to the full opinion. The summary provides a short explanation of the decision, the main points that it raises and will give an indication of any further proceedings that may be required. 

You can search judgments and opinions for individual cases on the Scottish Courts and Tribunals Service’s website. Please note that only in cases where there is a significant point of law or particular public interest will the opinions be published.

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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Andy Wightman MSP and others v Advocate General for Scotland

Tuesday, 20 March, 2018
Court Opinions

A petition seeking judicial review of the United Kingdom Government’s “position” on the revocability of a notice of intention to withdraw from the European Union in terms of Article 50.2 of the Treaty on European Union has been granted permission to proceed following an appeal. The following is a summary of the opinion of the court.

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HM Revenue & Customs v FindMyPast Limited

Friday, 8 September, 2017
Court Opinions

The Inner House of the Court of Session has refused an appeal by The Commissioners for Her Majesty’s Revenue and Customs (HMRC) against a ruling by the Upper Tribunal in an appeal by Findmypast Limited, a company providing access to genealogical and ancestry websites which claimed repayment of the value added tax (VAT) accounted for in respect of unredeemed vouchers. The following is a summary of the opinion of the court.

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AW v Greater Glasgow Health Board

Tuesday, 29 August, 2017
Court Opinions

A mother who sued Greater Glasgow Health Board for damages alleging negligence during her pregnancy has lost her appeal at the Court of Session. The following is a summary of the Opinion of the Court delivered by Lady Dorrian, the Lord Justice Clerk, who heard the appeal sitting with Lord Brodie and Lord Drummond Young.

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Susan O'Brien QC v The Scottish Ministers

Wednesday, 5 July, 2017
Court Opinions

The Court of Session has dismissed a claim by the former Chair of the Scottish Child Abuse Inquiry that a decision by the Scottish Ministers to instigate the process for terminating her appointment amounted to a material breach of contract and infringed her human rights. The following is a summary of the opinion of Lord Pentland.

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Summaries of Court Opinions

Crest

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.

Find out more