Public Inquiries
2011 - Inquiry under the Town and Country Planning (Scotland) Act 1997 into development of a new village at Perth West (for Perth and Kinross Council)
2010 - Parliamentary Bill Inquiry into the new Forth Road Crossing (for Transport Scotland)
2007 - Public Inquiry under the Electricity Act 1989 into the construction of an extra high voltage overhead transmission line between Beauly and Denny (for Highland Council, Perth and Kinross Council, Stirling Council and Cairngorms National Park Authority)
Planning
Wildland Ltd and Another v Scottish Ministers 2017
Ruth is instructed for SMs in this judicial review of the grant of planning permission for a wind farm, partly located in an area of wildland. First grant of permission for a wind farm in wild land. The JR challenges the application of the SMs policies relative to development in wild land.
Cemex UK ltd v Scottish Ministers 2017
A planning appeal in respect of refusal of permission for quarrying operations near to New Lanark World Heritage Site. Ruth is instructed by the Scottish Ministers. The SMs disagreed with the recommendations of the appointed Reporters to grant permission. The case raises issues relative the adequacy of reasons and the protection afforded to a WHS.
East Ayrshire Council v Scottish Ministers [2015]
Challenge to consent of a wind farm, including to the refusal to hold a public inquiry. Ruth acted for EAC. The case settled extra-judicially.
Uprichard v Scottish Ministers [2013] UKSC 21, 2013 UKSC 219; 2012 SC 172, [2011] CSIH 59
Challenge to the approval of the Fife Structure Plan. Ruth acted for the Scottish Ministers in the Supreme Court and Inner House to successfully oppose the appeal.
Dawn Developments Ltd v Scottish Ministers [2013] CSOH 154
Appeal against Reporter's refusal of planning permission for large retail development at East Kilbride, and his approach to retail impact assessment.
William Grant & Sons Distillers Ltd v Scottish Ministers [2012] CSOH 98
Important case about the difference in approach between section 36 consent under the Electricity Act 1989 and section 57 planning consent under the Town and Country Planning (Scotland) Act 1997.
Greenland Developments (UK) Ltd v Scottish Ministers [2012] CSIH 3
Appeal against refusal of planning permission to construct flats in Stockbridge, Edinburgh. Court addresses the proper construction of the Town and Country Planning (Scotland) (Appeals) Regulations 2008.
Hallam Land Management Ltd v Scottish Ministers [2009] SC 347
Case concerned a certificate of appropriate alternative form of development and whether the planning authority had taken account of the "no scheme" world.
Moray Council v Scottish Ministers [2006] SC 691
Appeal in respect of a wind-farm development. Inner House approves the approach in South Bucks District Council v Porter (No 2) [2004] 1 WLR 1953 in respect of reasons challenges.
Lafarge Aggregates Ltd v Scottish Ministers [2004] SC 524
Interpretation of an old minerals planning permission in respect of a quarry on Harris.
Procurement
Ballyclare Ltd v Scottish Fire and Rescue Service 2017
Ballyclare challenge the decision of SFRS to award a contract to supply PPE to a competitor. The case raises issues of whether the challenge to the technical requirements is too late, and whether the procurement was conducted in accordance with the ITT. SFRS wish to procure PPE for use across Scotland and which will protect its firefighters.
W.L.Gore and Associates Ltd v Scottish Fire and Rescue Service 2017
Another challenge to the decision of SFRS to award a contract to supply PPE. Gore are the manufacturers of certain material which they, in turn, supply to PPE suppliers and manufacturers. PPE using its material failed certain technical requirements specified by SFRS. Gore is not an “economic operator” so has no action under the Public Contract (Scotland) Regulations. Gore seeks judicial review of the decision, averring general breaches of EU Law. SFRS argue that Gore has insufficient interest to review the decision.
Construcciones v Strathclyde Partnership for Transport [2016]
Ruth acted for SPT in this challenge to the procurement for the new Glasgow underground system. The case raised issues relating to the construction of the procurement documents, and time bar. The case settled extra-judicially.
Ibena Textilwerke v Scottish Fire and Rescue Service [2016]
Ibena challenged an award of a contract to supply PPE. Ruth acted for SFRS and argued that Ibena were not an "economic operator" as they did not offer to supply the PPE. They were manufacturers of textiles used in PPE. The action settled extra-judicially.
Kenman Holdings v Comhairle nan Eilean Siar [2015] CSOH 170 and [2017] CSIH 10
Ruth acts for CnES. CnES successfully argued in the Outer House that the petitioner was barred by mora. The procurement was a concession contract so the Regulations did not apply. The petitioner reclaimed, and amended the case to argue that the action is in effect a private right of action. Following the amendment, which altered the claim to one for Francovich damages, the Inner House granted the reclaiming motion and has allowed the action to proceed. The action now proceeds alleging breaches of general EU Law principles.
British Telecommunications plc v Common Services Agency [2014] CSOH 44
Ruth acted for the pursuer in this challenge under public procurement regulations to the award of a multi-million contract. This is the first case in Scotland where the pursuer succeeded in establishing a breach of the relevant Regulations. The case continues on the question of damages.
Commercial
Dunfermline Building Society v Dickerson 2017
An action for reduction of a lease entered in breach of commercial loan conditions. Ruth acts for the pursuers.
HWE v Highland Council 2017
The pursuers seek damages arising from the termination of a call-off contract for supply of bio-mass energy. HC, for who Ruth acts, counter claim for damages.
Taylor Wimpey UK Ltd v Angus Council 2017
TW seek declarator that it is entitled to access certain land because it is a "road" within the meaning of the Roads (Scotland) Act. Ruth acts for TW.
Kirby v Network Rail Infrastructure Ltd 2017
Application to Lands Tribunal for compensation/injurious affection arising from compulsory purchase of land to construct the Borders Railway. Ruth acts for Network Rail.
Glen Clyde Whisky Ltd v Campbel Meyer [2015] CSOH 79
In this action, Ruth acted for the defenders. The case concerned the proper construction of a contract for the supply of whisky.
Trygort (No 2 ) Ltd v UK Home Finance Ltd 2009 SC 100
Exercise of a break option. Construction of lease, and whether a prior (albeit remedied) breach precluded tenant from exercising its option as it had been in breach of its obligations "at any time".
PIK Facilities v Shell UK and BP Oil [2005] CSOH 14
Construction of commercial lease, and whether it was competent for landlord to seek specific implement following termination of the lease.
Public Law
Campbell v Scottish Ministers and others [2017] CSOH 35
Former prisoner sought damages in respect of his being cuffed during hospital visits, alleging breaches of his Article 3 and 8 rights. Ruth acted for the third defenders to argue that the action is time-barred under HRA, and the pursuer’s damages were irrelevant.The action was dismissed at first instance as time-barred and also as irrelevant.
Barnes - Petition for Judicial Review 2016
In this action, a police officer seeks a declaration about his duty hours. The respondents argue that he has an alternative remedy in the Employment Tribunal. The case raises important legal and policy issues regarding the status of police officers.
A v Secretary of State for Home Office [2016-17]
Ruth was instructed to oppose the Secretary of State's application for leave to appeal to the Supreme Court, and to appear in the Supreme Court if the application was granted. The case concerned the claim of a spouse (subject to domestic violence) of a refugee to remain indefinitely in the UK. Leave was refused.
Dualeh v Glasgow City Council 2016
Ruth acted for GCC in this judicial review challenging an age assessment. The case settled extra-judicially.
Khan v Financial Conduct Authority 2016
Ruth acted for the FCA in this appeal against sanctions imposed by the Upper Tribunal against a former mortgage adviser for misconduct. The case raised issues relative the FCA’s policies for sanction.
William Beggs - petition for Judicial Review, SLAB [2016]
Ruth successfully acted for SLAB to oppose leave to judicially review a refusal of legal aid in respect of an appeal in another action to the Supreme Court.
McGeoch v The Lord President of the Council [2013] UKSC 63; [2011] CSOH 67
Prisoner challenged his disenfranchisement to vote on Scottish Parliament, European Parliament and local elections. The challenge was brought under EU law, arguing that the petitioner had a directly effective right to vote, and that EU citizenship rights could extent to "internal" situations.
Comhairle Nan Eilean Siar v Scottish Ministers [2012] CSOH 2094; [2013] CSIH 6 and [2013] CSIH 45
Challenge to call-in by Scottish Ministers of decisions to close schools in Western Isles Court address the proper construction of the Schools (Consultation) (Scotland) Act 2010, and the extent of the call-in power.
Scottish Ministers v Stirton and Anderson [2013] CSIH 81, 2014 SC 218, 2013 SLT 1141; [2012] CSOH 81
Ruth acted for the petitioners in this long-running and complex case to recover the proceeds of crime. The proof itself lasted over 100 days. The reclaiming motion provides clear authority on a number of issues, including the definition of extortion, the standard of proof, bias, and public interest immunity, as well as addressing A1,P1 ECHR.
M and others v Secretary of State for Work and Pensions 2013 UT
An appeal to the Upper Tribunal challenging the SSWP's process of converting IS/IB awards to ESA. The appeal addresses the correct construction of the relevant Regulations, and the consequences of any failure to comply therewith.
Axa General Insurance & Others v Lord Advocate and Advocate General [2011] UKSC 46
Ruth appeared for the Advocate General in respect of what was the proper scope of any common law review of an ASP.
K v Advocate General [2011]
As amicus curiae. The case concerned the competency of a Rule of Court applying the "second appeals" test to applications for leave to appeal from the Upper Tribunal to the Court of Session.
O'Neill Petition for Judicial Review and Note of Objections [2010] CSOH 79
Construction of the Legal Aid (Scotland) Act and Regulations on the question of Counsel's fees.
Lloyds Pharmacy v National Appeal Panel [2010] CSIH 55
Provision of pharmaceutical services in cases of relocation of a pharmacy.
B v Scottish Ministers [2010] SLT 537
A patient sought to be discharged from a hospital order following conviction. Discussion of the test of "risk of serious harm", standard of proof, and weight and quality of evidence.
Scottish Ministers v Doig 2009 SC 474
Proceeds of Crime Act 2002. Appeal raised issues about the standard of proof and whether the proceedings were a breach of Article 6, ECHR.
Niven v Lord Advocate 2009 SLT 676
Scope of the right under Article 2, ECHR to an inquiry following an unexplained death. A prosecution, albeit unsuccessful, would normally be sufficient to discharge the state's obligation under Article 2. Article 2 does not guarantee a result.
Infant and Dietetic Foods Association Ltd v Scottish Ministers (No 2) 2008 SLT 723
EU Directive, and whether it had been correctly transposed. Consideration of reference to ECJ.
Common Services Agency v Scottish Information Commissioner 2009 SC (HL) 184
Appeal to House of Lords about disclosure of personal data, and the relationship between the Freedom of Information (Scotland) Act 2002 and the Data Protection Act 1998.
Campbell v Lord Advocate 2006 JC 265
Extradition appeal, and consideration of test of if a delay was "unjust or oppressive" and of deliberate absence from trial.