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Scotland decisions
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Judicial review of a council decision granting section 42 planning permission for a supermarket at Cuckoo Bridge Retail Park refused.
The Upper Tribunal for Scotland granted permission to appeal, allowed the appeal, quashed the First-tier Tribunal decision, and cancelled the penalty charge notice and notice to owner.
The Court of Session held that Dales Marine’s summons was, in substance, a statutory limitation application excluded from Schedule 8 jurisdiction, and sustained the defenders’ relevancy pleas.
The Upper Tribunal allowed GB’s appeal against Social Security Scotland, quashed the First-tier Tribunal’s findings on daily living activities 3 and 8, and remitted the case.
The court held that forensic evidence of penetration, DNA on clothing or breasts, and other circumstantial proof can corroborate a complainer’s rape or sexual assault account.
Lady Tait refused a motion to sist a Scottish divorce action in favour of Californian separation proceedings, holding the balance of fairness and convenience favoured Scotland.
Judicial review of a refusal in a Tier 1 (Entrepreneur) extension application failed. The court held the COVID-19 concession guidance was qualified and the job-creation evidence was insufficient.
Commercial contract dispute over whether a default and termination notice under Clause 6.3 was valid; decree de plano was refused and further procedure ordered.
Lord Harrower held that dependent relatives may recover under section 3 of the Damages (Scotland) Act 2011 where negligence materially accelerated death, even if it did not cause the death itself.
Clinical negligence fatal claims: the court held the third and fourth pursuers’ claims were timeous, the sixth pursuer was ineligible, and awarded damages of £150,000 and £75,000.
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