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Scotland Case Law

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Family-law [2026] CSIH 18

AEV and LE against Sharon McArthur, Locality Reporter Manager for an order requiring the sheriffs at Aberdeen to state a case (Court of Session)

AEV and LE against Sharon McArthur, Locality Reporter Manager for an order requiring the sheriffs at Aberdeen to state a case (Court of Session) [2026] CSIH 18 (10 April 2026)

Court of Session considered whether sheriffs wrongly refused to state a case over interim child supervision orders, but declined to order one and directed attention to ongoing children's hearing remedies.

  • Interim-compulsory-supervision-orders
  • Appeals-by-stated-case
  • Children's-hearing-(scotland)-act-2011
  • Right-to-family-life
  • Procedural-remedies
  • Childrens-hearings-scotland-act-2011
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Tort/delict [2026] CSOH 6

JWE against LGBT Youth Scotland (Court of Session)

JWE against LGBT Youth Scotland (Court of Session) [2026] CSOH 6 (28 January 2026)

The Court of Session allowed a personal injury action to go to proof, rejecting a motion to exclude averments about safeguarding, grooming, vicarious liability, and third-party abuse.

  • Duty-of-care
  • Safeguarding
  • Grooming
  • Vicarious-liability
  • Liability-for-acts-of-third-parties
  • Third-party-liability
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Child-protection [2026] SACCIV 1

AB against Locality Reporter Manager, Kilmarnock (Sheriff Appeal Court Civil)

AB against Locality Reporter Manager, Kilmarnock (Sheriff Appeal Court Civil) [2026] SACCIV 1 (06 January 2026)

The Sheriff Appeal Court refused a children's hearings appeal because the stated-case application failed to specify any point of law or procedural irregularity.

  • Children's-hearings
  • Grounds-of-referral
  • Wilful-ill-treatment
  • Procedural-competence
  • Appeal-requirements
  • Childrens-hearings
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Family-law [2026] SCKDY 45

SG against EK and ELK (Sheriff Court Civil)

SG against EK and ELK (Sheriff Court Civil) [2026] SCKDY 45 (19 December 2025)y

A Scottish sheriff refused a grandmother’s contact action, holding that contact was not in the child’s best interests after serious risk and abuse concerns.

  • Contact-orders
  • Best-interests-of-the-child
  • Parental-responsibility
  • Child-welfare
  • Risk-of-harm
  • Sexual-abuse
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Family-law [2025] SCLIV 87

ABC against DEF (Sheriff Court Civil)

ABC against DEF (Sheriff Court Civil) [2025] SCLIV 87 (12 August 2025)

In a child contact dispute, the sheriff found on the balance of probabilities that the father sexually assaulted the child in August 2020 and March 2021.

  • Child-contact
  • Sexual-abuse-allegations
  • Standard-of-proof-in-civil-cases
  • Credibility-and-reliability-of-witnesses
  • Civil-standard-of-proof
  • Witness-credibility
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Family-law [2024] ScotSAC Civ 27

F AND OTHERS v MORAY COUNCIL

F AND OTHERS v MORAY COUNCIL [2024] ScotSAC Civ 27 (24 November 2023)

An appeal about adoption proceedings and local authority duties was dismissed, with the court holding that Moray Council complied with statutory duties and considered parental rights.

  • Adoption
  • Parental-rights
  • Local-authority-duties
  • Child-protection
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Family-law [2023] SC STI 22

APPEALS BY LD AND MD AGAINST AUTHORITY REPORTER

APPEALS BY LD AND MD AGAINST AUTHORITY REPORTER [2023] SC STI 22 (28 July 2023)

The sheriff court dismissed appeals by LD and MD, holding that the grounds for referral were established on the balance of probabilities and the procedure was fair.

  • Appeal-against-children's-hearing-decision
  • Grounds-for-referral
  • Procedural-fairness
  • Child-protection
  • Children-hearings
  • Appeal
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Family-law [2023] ScotSAC Civ 21

JH v SCOTTISH CHILDREN'S REPORTER ADMINISTRATION

JH v SCOTTISH CHILDREN'S REPORTER ADMINISTRATION [2023] ScotSAC Civ 21 (29 May 2023)

Appeal concerning children's hearing grounds and procedural fairness. The Sheriff Appeal Court held the referral grounds were proved on the balance of probabilities and refused the appeal.

  • Children's-hearings
  • Grounds-of-referral
  • Procedural-fairness
  • Childrens-hearings
  • Child-protection
  • Family-law
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Local-government-law [2023] SC FAL 4

FALKIRK COUNCIL AGAINST D

FALKIRK COUNCIL AGAINST D [2023] SC FAL 4 (25 January 2023)

The sheriff court granted a supervision order in respect of the child D, finding the statutory threshold for intervention was met and the child’s welfare required it.

  • Child-welfare
  • Parental-rights
  • Supervision-order
  • Child-protection
  • Scotland-local-government-law
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Family-law [2023] ScotSAC Civ 1

APPEALS BY YL, WBL AND RL IN THE CAUSE EAST LOTHIAN COUNCIL v YL AND WBL, AND ML AND RL

APPEALS BY YL, WBL AND RL IN THE CAUSE EAST LOTHIAN COUNCIL v YL AND WBL, AND ML AND RL [2023] ScotSAC Civ 1 (21 December 2022)

The Sheriff Appeal Court refused appeals against a permanence order with authority to adopt, holding the sheriff applied the statutory welfare test correctly.

  • Child-welfare
  • Parental-rights
  • Removal-of-children
  • Appeal-procedure
  • Adoption
  • Permanence-order
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About this LexChat collection

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.