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Scotland Case Law

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Local government

Nigel Kennedy against Glasgow City Council

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.

  • Penalty charge notice
  • Notice to owner
  • Appeal against first-tier tribunal decision
  • Withdrawal of proceedings
  • Refund
  • Cancellation of notices
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Immigration law

Jharna Shital Adwani (AP) (FE) for Judicial Review

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.

  • Tier 1 (entrepreneur) extension application
  • Legitimate expectation
  • Published policy and guidance
  • Job creation requirement
  • Adequacy of reasons
  • Wednesbury irrationality
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Transport regulation

Mr Peter Radosz v Glasgow City Council

The Upper Tribunal upheld Mr Radosz’s appeal after Glasgow City Council withdrew its case, quashed the First-tier Tribunal decision, and ordered cancellation of the bus lane charge notice.

  • Bus lane enforcement
  • Charge notice
  • Appeal
  • Permission to appeal
  • Withdrawal of case
  • Enforcement cancellation
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Administrative law

ScottishPower Renewables (UK) Limited against The Scottish Ministers

Judicial review of refusal of consent for the Carrick Forest wind farm failed. The court held the Ministers had adequate inquiry, reasons, and a rational basis.

  • Duty of inquiry
  • Relevant considerations
  • Reasons for decision
  • Wind farm consent
  • Aviation lighting mitigation
  • Aircraft detection and obstacle lighting system (adls)
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Education law

CG v Falkirk Council

The Upper Tribunal refused CG’s appeal against Falkirk Council, holding that the First-tier Tribunal’s reasons were adequate and the challenge was really to factual findings.

  • Placing request
  • Additional support for learning
  • Adequacy of reasons
  • Error of law
  • Speech and language therapy
  • Placing-request
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Professional negligence

Cannons Law Practice LLP v The Scottish Legal Complaints Commission

The Inner House quashed a complaint finding against Cannons Law Practice LLP, holding the Commission conflated family-law specialisation with competence, but left three other complaints intact.

  • Complaints against solicitor firm
  • Competence and specialisation
  • Conflict of interest
  • Terms of business
  • Counsel fees
  • Compensation/sanction on complaints
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Administrative law

RA against Scottish Social Services Council

The sheriff refused a statutory appeal against a fitness to practise decision, holding that adjournment and absence complaints failed, and that evidential errors did not vitiate the result.

  • Fitness to practise
  • Adjournment
  • Hearing in absence
  • Witness evidence
  • Reasons for decision
  • Fair hearing
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Administrative law [2026] CSOH 42

AM against Lothian Health Board (Court of Session)

A judicial review challenge to a planning refusal was dismissed after the court held the council acted within its statutory discretion and on material planning considerations.

  • Planning permission
  • Local authority powers
  • Judicial-review
  • Planning-permission
  • Local-government
  • Administrative-law
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.