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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.

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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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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