Latest news with #CourtOfSession
BBC News
26-06-2025
- Politics
- BBC News
Former MSP Tommy Sheridan loses social worker job legal challenge
Former MSP Tommy Sheridan has lost his legal battle to overturn a council's decision not to employ him as a social City Council's Health and Social Care Partnership told Mr Sheridan there was an "unacceptable level of risk" in hiring him as a social worker due to his prior conviction for former leader of the Scottish Socialist Party (SSP) then went to the Court of Session, claiming the local authority had acted judge, Lord Young, has said he agreed with submissions made by lawyers acting for the local authority that the decision could not be judicially reviewed. Lord Young wrote: "It makes no difference that, in this case, the petitioner's complaint relates to a refusal by the respondent to consider entering into a contract of employment."He added that Mr Sheridan "enjoys no private law right" to be considered for employment by the city council and was trying to apply broad public law concepts to fashion the right to be considered for such Young ruled: "If the petitioner's argument was accepted, then it would follow that every applicant for a public sector job in Scotland could potentially challenge the job application process using the judicial review procedure."I find that the petition is incompetent for the reasons advanced by the respondent and it falls to be dismissed."The Court of Session is Scotland's highest civil court Mr Sheridan had applied to become a criminal justice social worker with the his job application, he disclosed he had been given a three year prison sentence in 2011 for perjury after a jury at the High Court in Glasgow concluded he lied on oath during his successful defamation action against the News of the World he was sent a rejection letter in August 2024 and later informed any future applications would not be earlier proceedings, his lawyer Mike Dailly said the body which regulates social work in Scotland - the Scottish Social Services Council (SSSC) - had assessed Mr Sheridan as being a suitable candidate to work in the argued the decision to reject the application was therefore "irrational". Lord Young ruled against this, saying the registration with the SSSC simply meant he met the minimum statutory requirement for added an employer was entitled to use "additional criteria" when deciding who to interview or offer jobs to, such as prior convictions. Mr Sheridan served as an MSP for Glasgow between 1999 and 2007.
BBC News
12-06-2025
- Sport
- BBC News
Celtic settles 85% of Boys Club sex abuse claims in group action
Celtic has settled 85% of claims in a lawsuit brought against the club by sex abuse victims, a court has Lord Arthurson heard how the club had made compensation payments in 24 out of 28 claims brought against it in group Court of Session also heard how lawyers in the case hope the remaining claims can be settled in the near lawyer Ewen Campbell told the court his client wanted to bring the remaining cases to an end. He said it would not be in the club's "interests" to allow the matters to continue or be heard in new actions separate from the group prompted Lord Arthurson to fix a final hearing in the action for September. He said: "I am very pleased to hear that everybody is agreed that the proceedings have been effective."With regard to the four that are left, my inclination is to fix a final hearing in this case for the week beginning 1 September."That will be the final hearing in the case - that will be a case management hearing."At that stage, you will have had the opportunity to wrap up the matters that require to be wrapped up, discussions can continue actively and thereafter the court would listen very favourably to the motion that is made."In 2022 Lord Arthurson gave permission for a number of former Celtic Boys Club players to sue Celtic Football had heard the action should proceed because the two entities were "intimately connected" to each other - a claim denied by Celtic FC's legal team at the time who said the two organisations were separate from each sex abuse survivors have brought "group proceedings" against Celtic FC PLC in a procedure which is similar to US class-action style abuse was carried out by convicted paedophiles James Torbett and Frank Cairney at the youth club, which was not officially linked to Celtic FC. Close links to Boys Club During previous proceedings, Ian Mackay KC told Lord Arthurson that lawyers for the men had uncovered evidence which showed apparent close links between Celtic Boys Club and Celtic Mackay said: "Celtic Boys Club was intimately connected to Celtic Football Club - it was branded as being closely connected to Celtic Football Club."Players played in Celtic strips and wore blazers which were virtually identical to those worn by Celtic FC players."Football kit, holdalls and training gear were provided by Celtic Football Club."The pursuers' understanding was that they were playing for the boys club of Celtic Football Club."He added that Celtic Boys Club trained at Barrowfield, the training ground of Celtic Football Club and Celtic Park, as well as elsewhere."Celtic Football Club exercised control over who played for Celtic Boys Club because scouts recruited players who they considered were good enough to play for Celtic Football Club and diverted them to Celtic Football Club," Mr Mackay had told the hearing. "The Boys Club was a nursery for senior team players. Celtic Boys Club was in effect what could be now known as the academy of Celtic Football Club."Articles about Celtic Boys Club appeared regularly in the Celtic View, the club's newspaper - and the club was referred to as being part of the Celtic family."Celtic is vicariously liable for assaults." Earlier this year, Thompsons Solicitors - who acted for the players - said a seven-figure payout had been agreed between Celtic and the Boys Club Connor, a partner at Thompsons, said: "Our clients trusted us to fight for them on these difficult cases and ensure their voices were heard."This litigation has been made far more complex and lengthy by the defender, while our clients have acted with resolute dignity throughout."At long last, they have achieved success and can take this compensation as confirmation that Celtic Boys Club was indeed inextricably linked to Celtic Football Club."Celtic said it was "very sorry that these events took place at Celtic Boys Club" and that it took the abuse "extremely seriously because of the historic contacts between the two organisations".On Thursday, Mr Campbell said all the cases that could be settled had been brought to an added: "These are four cases which each have individual issues associated with them which prevent them from progressing."These are four individual cases which are going to turn on individual facts - which if they have been brought to court initially - I think would never have justified in themselves group proceedings - it would have been more efficient to proceed with them individually."If the solicitors instructing them can obtain instructions from these four individuals then the defenders are open to discussing the cases."It's not going to be the case where group proceedings come to an end and we shut the door and force anybody to raise new proceedings - that's not in anybody's interests, that's not in the defender's interests."The case will next call on 4 September 2025.
The Independent
20-05-2025
- Automotive
- The Independent
Judges rule ‘dieselgate' group action can proceed in Scotland
Judges have ruled that a group action against car manufacturers in the so-called 'dieselgate' case can proceed in Scotland's highest civil court. The case concerns legal action over allegations that Nissan and Renault fitted prohibited 'defeat devices' to diesel vehicles to get round emissions tests. Joseph Mackay applied for permission to bring group proceedings on behalf of about 8,500 people who claim to have suffered loss as a result of the manufacturers' alleged behaviour. The Lord Ordinary sitting in the Outer House of the Court of Session in Edinburgh previously granted permission for the group action to go ahead. However, the various Nissan companies, described as the defenders, appealed to the Inner House of the Court of Session to challenge that decision. The Lord President Lord Pentland, sitting with Lady Wise and Lord Clark, has now refused the appeal, allowing the group action to proceed. In order to begin group proceedings in Scotland, two initial applications must be made to the court, one to appoint a representative party and other for permission to bring the proposed group proceedings. Nissan contended that Mr Mackay failed to demonstrate that he was an appropriate person to be appointed as the representative party. They also argued that it was not shown that it would be more efficient for the claims to be brought as a group action rather than individually, nor that the proceedings had any real prospect of success. In an opinion delivered by Lord Pentland on Tuesday, the judges said the Lord Ordinary was 'fully entitled' to conclude that the applicant was a 'suitable person to be authorised to act as the representative party in the proposed group proceedings'. He wrote: 'In summary, the applicant had no interest in the proceedings other than his own claim; he was wholly independent of the defenders; there was nothing to suggest that he would act otherwise than fairly and adequately in the group's interests.' The ruling notes that the Lord Ordinary's decision to authorise the bringing of group proceedings was a discretionary decision and that there is 'no justification' for the Inner House to interfere with it. It also states that the Lord Ordinary was justified in concluding that there were 'real prospects of success' and that it would be more efficient for the claims to be brought collectively rather than individually. Renault did not contest the Lord Ordinary's original decision.
BBC News
20-05-2025
- Health
- BBC News
Nurse awarded £88,000 after being hit by falling chisel
A nurse who was hit on the head by a chisel which fell 30ft (9m) from the roof of a house has been awarded £88,000 in McFadyen was "suddenly and without warning" struck on the head by the tool at her brother's home in Linwood, Renfrewshire, in October for Renfrewshire Council admitted liability for the incident, which was caused by its employees who were working on the roof at the time of the McFadyen was awarded a total of £88,693 after the Court of Session agreed the incident had left her with debilitating injuries. The court heard how Ms Fadyen had bent down to wipe dirt off her trainers when the implement, which was 2.5ft (76.2cm) long and weighed about 4kg (8.8lbs), smashed off the right side of her was taken to hospital for treatment and in the weeks following the incident she experienced poor sleep and also suffered from confusion as well as "putting things in the wrong place and unable to speak the words that she wanted to say."She had pain in her right ear, tingling and numbness on the right side of her face. After going back to hospital, medics found she had sustained a small fracture to the right side of her court heard how, almost four years after the incident, Ms McFadyen still experiences persistent headaches approximately four times per also suffers from constant, severe, tinnitus in her right court heard that Ms McFadyen said her tinnitus is a "loud, persistent fuzzy noise" which has had a "profound impact on her life." Constantly tired and irritable In his judgement, Judge Lord Braid wrote that she has difficulty sleeping and is unwilling to take sleeping tablets due to her job. The court heard that she is now "constantly tired and irritable."He noted that she had gone from being "happy-go-lucky" to suffering from panic attacks and anxiety, becoming someone "who gets very uptight and who flies off the handle at her husband and children at the least thing". The court heard that she has also been unable to go back to working in her former position and she is now working on an elective orthopaedic for Renfrewshire Council admitted liability for the incident. They accepted that the accident was caused by council employees who had been working on the roof at the time of the Braid concluded that Ms McFadyen's concentration and memory have been affected, reducing her ability to work. He wrote that she is now fatigued and the injury has interfered with her social life and leisure activities.
Daily Mail
17-05-2025
- Politics
- Daily Mail
Girls STILL forced to share loos with boys despite schools facing 94 complaints
Young girls across Scotland are still being expected to share school toilets with boys – as new figures show that councils have received almost 100 complaints and representations about gender neutral loos in the last three years. Scottish state schools were ordered to provide single sex toilets in a landmark ruling handed down by a judge at the Court of Session in Edinburgh last month. Yet The Mail on Sunday has found that many of the 32 local authorities are 'considering' the verdict before making changes. That is despite data showing there have been 94 queries raised by youngsters and staff about gender neutral or unisex loos since 2021. SNP-run East Dunbartonshire has received the most criticism. Last night it admitted that 51 'complaints and representations' had been made about their 'inclusive' loo provision. However, a spokesman claimed only two official complaints were lodged with the council directly. Scottish Conservative MSP Pam Gosal said: 'Complaints about this issue are rife. It seems some councils are taking these and recording them while others appear to be brushing them under the carpet. 'It's totally unacceptable for any girl in school to have to share facilities such as toilets and changing areas with boys.' Public bodies across Scotland have had to re-evaluate policies on single sex facilities after last month's UK Supreme Court ruling on gender. However, schools are under particular pressure after parents won a separate legal fight days later over single sex facilities at the new £16.6 million Earlston Primary School in Berwickshire. Lawyer Rosie Walker of Gilson Gray, representing the parents, told the Mail that 'gender-neutral toilets' were not permitted under regulations dating back to 1967. The case, which concerned Scottish Borders Council, has a knock on effect for all local authorities. Judge Lady Ross, KC, said she would issue a court order to make legal obligations on state schools clear after Sean Stratford and Leigh Hurley brought the judicial review over their concerns about transgender policies at the school, where their son was a pupil. The Mail on Sunday asked all councils what progress had been made since the Court of Session ruling on April 23. Of the 19 which responded, only two – Glasgow and East Lothian – had changed signage in some schools. Six councils said they already had single sex provision and the rest declared they were considering the court verdicts. A Scottish Government spokesman said: 'The Education Secretary is engaging with Cosla to carefully consider the implications of the Court of Session ruling.'
