Samantha Kane against Leslie Stewart Waugh and another (Court of Session) [2026] CSOH 32 (26 March 2026)

Samantha Kane against Leslie Stewart Waugh and another (Court of Session) [2026] CSOH 32 (26 March 2026)

The decision to dissolve the Community Council was made unlawfully, as it was taken 'in the moment' without proper collective consideration of the threshold test in clause 17. The process was essentially aimed at excluding the petitioner, which was not within the intended scope of the dissolution power. However, as...

Source-derived case information.

Citation
[2026] CSOH 32
Parties
Petitioner: Samantha Kane; Respondent: Leslie Stewart Waugh; Respondent: Kerry Hawthorne
Jurisdiction
Scotland
Judgment Date
26 March 2026
Procedural Posture
Petition / Judgment
Outcome
petition dismissed
Legal Topics
Community Council Dissolution, Procedural Fairness, Constitutional Interpretation
Public Law Local Government Law Community Council Dissolution Procedural Fairness Constitutional Interpretation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Samantha Kane

Petitioner

Leslie Stewart Waugh

Respondent

Kerry Hawthorne

Respondent

Procedural Posture

Petition / Judgment

Legal Issues

  1. 1 Whether the decision to dissolve the Community Council was lawful under clause 17 of its constitution
  2. 2 Whether the dissolution process was used improperly as a disciplinary mechanism to remove the petitioner
  3. 3 Whether procedural fairness and natural justice were observed during the meetings

Ratio Decidendi

The decision to dissolve the Community Council was made unlawfully, as it was taken 'in the moment' without proper collective consideration of the threshold test in clause 17. The process was essentially aimed at excluding the petitioner, which was not within the intended scope of the dissolution power. However, as the only remaining remedy sought was declarator with no practical effect, the petition was dismissed.

Court Disposition

petition dismissed