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Scotland decisions
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Petition of DM (Court of Session) [2026] CSIH 9 (10 February 2026)
Inner House held that Article 13(b) barred return of both children to Florida, finding a grave risk of intolerable harm linked to their mother’s mental health and the family situation.
TS v S (Court of Session) [2024] CSIH 24 (02 August 2024)
The Inner House upheld refusal of a Hague Convention return order, holding that the Lord Ordinary had properly exercised discretion on the child’s objection to return.
PETITION OF FPS FOR ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 [2024] ScotCS CSOH_45 (23 April 2024)
The court refused a Hague Convention return order for two children retained in Scotland, accepting that both objected to return to Spain and that their welfare was better served in Scotland.
PETITION OF JL AGAINST ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 [2024] ScotCS CSOH_24 (29 February 2024)
The Court of Session refused to order two children’s return to Spain, holding that return would create a grave risk of psychological harm under Article 13(b).
COLIN MATHER AGAINST EASYJET AIRLINE COMPANY LTD AND ANOTHER [2023] ScotCS CSIH_20 (27 April 2023)
EasyJet is liable for the pursuer's expenses in both Inner and Outer Houses; DRK is entitled to expenses in Outer House against pursuer, with pursuer afforded right of relief against easyJet; DRK's expenses in Inner House against easyJet are modified by one third due to cross-appeal, reflecting DRK's unsuccessful resistance on that issue.
Source excerpt
COLIN MATHER AGAINST EASYJET AIRLINE COMPANY LTD AND ANOTHER [2023] ScotCS CSIH_8 (10 February 2023)
The court held EasyJet liable without limit under the Montreal Convention, treating the wheelchair-assistance provider as its agent during disembarkation.
SIMON MORRISON AGAINST MAPFRE MIDDLESEA INSURANCE PLC AND OTHERS [2022] ScotCS CSIH_45 (06 October 2022)
The Court of Session held that Transport for Malta was immune from suit under section 14(2) of the State Immunity Act 1978 in a road-safety negligence claim.
HUGH HALL CAMPBELL Q.C. V JAMES FINLAY (KENYA) LTD [2022] ScotCS CSOH_61 (30 August 2022)
The Court of Session refused both motions to recall or vary interim orders in an anti-suit/interdict petition, finding no material change after the Kenyan hearing.
COLIN MATHER AGAINST (FIRST) EASYJET AIRLINE COMPANY LIMITED and (SECOND) DRK HAMBURG MEDISERVICE gGmbH [2022] ScotSC CSOH_40 (18 May 2022)
A Scottish Court of Session case on Montreal Convention liability: easyJet was held liable without limit for a wheelchair disembarkation injury at Hamburg Airport.
ZA AND MN AGAINST B AND OTHERS [2022] ScotCS CSOH_38 (12 May 2022)
The court refused parents’ request to return a child to Qatar, finding that her welfare was better served by remaining in Scotland with her sister A.
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