Latest Cases

Civil procedure – Personal injury – Expenses. Sheriff Court: In a personal injuries action involving a child which had settled and which called before the court on the pursuer's opposed motion to certify the cause as suitable for the employment of junior counsel (one of the first hearings in the All Scotland Personal Injury Court where the court had had to consider s 108 of the Courts Reform (Scotland) Act 2014 in the context of an opposed motion), the court, applying the new test under s 108, concluded that in all the circumstances of the case it was reasonable to sanction the employment of counsel for all the work he was instructed to do, at the time he was instructed to do it. 

Proceeds of crime – Prohibitory Property Order (PPO) – Recall – Meaning of 'good arguable case': Court of Session: Allowing a reclaiming motion against an Outer House judge's decision to recall two PPOs covering heritable and moveable property belonging to the respondent, the court held that the judge had applied the wrong test: the test under s 255A of the Proceeds of Crime Act 2002 was not whether the case had a 'good prospect of succeeding, with the strength and quality required to prove fraud', it was whether it was a 'good arguable' one; the focus being on arguability, not proof, and on the court's reassessment of the matter there was a good arguable case. 

European Union – Social security. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that art 67(3) of Regulation (EEC) 1408/71 had be interpreted as not precluding a member state from refusing to aggregate periods of employment necessary to qualify for unemployment benefit to supplement income from part-time employment, where that employment had not been preceded by any period of insurance or of employment in that member state. 

Elections – Parliamentary. The Queen's Bench Division held that due to an admitted breach by the thee elected candidates of r 6 of the Local Elections (Parishes and Communities) England and Wales Rules 2006, SI 3305/06 the election was void and it would be necessary to rerun it. 

Personal Injury: Personal Injury: Quantum Case. Road traffic accident. PSLA and total damages of £5,500. 

Administrative law – Judicial review. The Administrative Court dismissed the claimant's application for judicial review of the decision of the defendant housing association with charitable status to decline to approve the exchange of his assured tenancy. On the facts of the case, the defendant had not been exercising a public function in relation to the claimant's tenancy. 

Personal Injury: Quantum Case. Public liability. PSLA of £8,250 awarded. 

Family proceedings – Orders in family proceedings. The Family Division made rulings concerning twins born to the applicant, X, who was in a same-sex relationship with the first respondent, Y. Owing to IVF treatment, X was the biological mother, and Y the gestational mother, of the twins. Owing to an error on the part of the clinic that had provided the treatment, X was not registered as the parent. The court held that an order would be made that X was the parent of the twins. 

Divorce – Financial provision. The Family Division held in the wife's case for financial remedy that an award of £8.8m was fair having regard to all the relevant factors. In so deciding, it refused to give effect to the wife's submission that she was in fact entitled to an award of £29m. 

Personal Injury: Quantum Case. Road traffic accident. PSLA of £3,100 with total damages of £3,512.