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Thomas Sheridan v News Group Newspapers Limited

Tuesday, 11 December, 2018
Court Opinions

Thomas Sheridan is entitled to interest on the £200,000 damages he was awarded following his successful defamation action against the publishers of the News of the World, at the judicial rate of 8% per year from the date of the jury’s verdict in 2006 until the principal sum was paid in 2017.

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Trustees of J Gibsone of Pentlands Trust v James Telfer

Wednesday, 3 October, 2018
Court Opinions

In a judgment issued today, 3 October, 2018, the Scottish Land Court has refused to authorise the resumption[i] of two smallholdings[ii] at Pentland Mains, Midlothian, which were to have been the site of Scotland’s national film studio, a project described by the Scottish Government in 2017 as being “of national importance”[iii].

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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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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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