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Scotland Case Law

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Public law [2022] ScotCS CSOH_56

VICTORIA REID FOR JUDICIAL REVIEW

VICTORIA REID FOR JUDICIAL REVIEW [2022] ScotCS CSOH_56 (18 August 2022)

The court dismissed a judicial review of the Scottish Ministers’ “two days” tribunal recruitment policy, holding the ESA objection was based on a misunderstanding of the regulations.

  • Judicial review
  • Public appointments
  • Equality act 2010
  • Employment and support allowance
  • Reasonable adjustments
  • Wednesbury unreasonableness
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Education law [2021] ScotCS CSIH_17

MS AGAINST GENERAL TEACHING COUNCIL OF SCOTLAND

MS AGAINST GENERAL TEACHING COUNCIL OF SCOTLAND [2021] ScotCS CSIH_17 (02 March 2021)

The Inner House allowed an appeal against a teacher-registration decision, holding that the panel failed to properly address Asperger’s-related evidence and reasonable adjustments.

  • Fitness to teach
  • Reasonable adjustments
  • Procedural fairness
  • Disability accommodation
  • Standards for registration
  • Fitness-to-teach
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Public law [2019] ScotCS CSOH_109

TERRI McCUE as guardian of ANDREW McCUE FOR JUDICIAL REVIEW

TERRI McCUE as guardian of ANDREW McCUE FOR JUDICIAL REVIEW [2019] ScotCS CSOH_109 (20 December 2019)

Judicial review of Glasgow City Council’s social care charging policy was dismissed after the court held the petitioner had an alternative remedy before the Ombudsman.

  • Community care charges
  • Disability related expenditure
  • Alternative remedies
  • Equality act compliance
  • Community-care-charges
  • Disability-related-expenditure
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Education law [2018] ScotCS CSIH_20

THE CITY OF EDINBURGH COUNCIL AGAINST R IN RESPECT OF A DECISION OF THE ADDITIONAL SUPPORT NEEDS TRIBUNAL FOR SCOTLAND DATED 7 APRIL 2017

THE CITY OF EDINBURGH COUNCIL AGAINST R IN RESPECT OF A DECISION OF THE ADDITIONAL SUPPORT NEEDS TRIBUNAL FOR SCOTLAND DATED 7 APRIL 2017 [2018] ScotCS CSIH_20 (23 March 2018)

The Inner House refused Edinburgh Council’s appeal, holding that an inadequate co-ordinated support plan for a disabled pupil could amount to discrimination under the Equality Act 2010.

  • Co-ordinated support plan (csp)
  • Reasonable adjustments
  • Disability discrimination under equality act 2010
  • Provision of education
  • Tribunal appeals
  • Disability-discrimination
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Administrative law [2017] ScotSC 32

MUHAMMED AZHAR AGAINST DUNDEE CITY COUNCIL

MUHAMMED AZHAR AGAINST DUNDEE CITY COUNCIL [2017] ScotSC 32 (25 May 2017)

The sheriff upheld a taxi driver’s appeal, finding Dundee City Council failed to properly consider reasonable adjustments under the Equality Act 2010.

  • Reasonable adjustments
  • Public sector equality duty
  • Taxi licensing policy
  • Disability rights
  • Reasonable-adjustments
  • Public-sector-equality-duty
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Education law [2009] ScotSC 34

ES v K School

ES v K School [2009] ScotSC 34 (08 May 2009)

Appeal allowed in a disability discrimination claim against a school exclusion. The court held Section 28B(2) and 28C could support a challenge to exclusion and remitted the case for proof before answer.

  • Reasonable adjustments
  • School exclusion
  • Disability rights
  • Statutory interpretation
  • Burden of proof
  • Code of practice compliance
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Education law [2006] ScotSC 64

Parent A v. East Ayrshire Council

Parent A v. East Ayrshire Council [2006] ScotSC 64 (21 September 2006)

Sheriff Court disability discrimination claim over a school exclusion was dismissed. The court found the child disabled, but held the exclusion was justified.

  • Disability discrimination act 1995
  • School exclusion
  • Reasonable adjustments
  • Knowledge of disability
  • Justification defence
  • Disability-discrimination
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Employment law [2005] ScotCS CSIH_71

Miller v. An Order And Judgment Of Employment Appeal Trobinal

Miller v. An Order And Judgment Of Employment Appeal Trobinal [2005] ScotCS CSIH_71 (13 October 2005)

Court of Session allowed an appeal about whether a tribunal had correctly assessed disability under the Disability Discrimination Act 1995.

  • Definition of disability under disability discrimination act 1995
  • Physical vs mental impairment
  • Tribunal fact-finding obligations
  • Disability-discrimination
  • Physical-vs-mental-impairment
  • Employment-tribunal-appeals
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Employment law [2004] ScotCS 88

Taylor v. Dumfries And Galloway Citizens Advice Services

Taylor v. Dumfries And Galloway Citizens Advice Services [2004] ScotCS 88 (26 February 2004)

The Court of Session allowed leave to appeal, holding that the tribunal gave inadequate reasons on loss of earnings and mitigation in a disability discrimination case.

  • Reasonable adjustments
  • Compensation assessment
  • Mitigation of loss
  • Adequacy of reasons
  • Appeal on point of law
  • Disability-discrimination
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Employment law [2002] ScotSC 214

Schwarzkopf Ltd v. Quinn

Schwarzkopf Ltd v. Quinn [2002] ScotSC 214 (26 June 2002)

Court of Session appeal in a disability discrimination case concerning dismissal, reasonable adjustments, and justification under the Disability Discrimination Act 1995.

  • Disability discrimination
  • Reasonable adjustments
  • Unlawful dismissal
  • Burden of proof
  • Justification under disability discrimination act 1995
  • Disability-discrimination
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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.