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Scotland Case Law

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Housing law [2025] SCGLA 002

Wheatley Homes Glasgow LTD against Yasmin Abdi Sharif (Sheriff Court Civil)

Wheatley Homes Glasgow LTD against Yasmin Abdi Sharif (Sheriff Court Civil) [2025] SCGLA 002 (22 January 2025)

A Scottish sheriff refused eviction of a secure tenant, holding that possession would be disproportionate under Article 8 and unlawful disability discrimination.

  • Eviction of secure tenant
  • Anti-social behaviour
  • Disability discrimination
  • Proportionality under article 8 echr
  • Public sector landlord duties
  • Equality act 2010
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Public law [2024] ScotCS CSOH_44

BB FOR JUDICIAL REVIEW

BB FOR JUDICIAL REVIEW [2024] ScotCS CSOH_44 (19 April 2024)

A judicial review of Glasgow City Council’s social care charging policy failed, except for declarator that the Equality Impact Assessment was inadequate.

  • Equality impact assessment
  • Disability discrimination
  • Charging policy
  • Reasonable adjustments
  • Consultation duty
  • Judicial-review
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Employment law [2023] ScotCS CSIH_48

APPEAL BY CHARLES BATHGATE AGAINST TECHNIP SINGAPORE PTE LTD

APPEAL BY CHARLES BATHGATE AGAINST TECHNIP SINGAPORE PTE LTD [2023] ScotCS CSIH_48 (29 December 2023)

The court held a settlement agreement barred Bathgate’s age discrimination claim and upheld that he remained a seafarer for section 81 purposes.

  • Age discrimination
  • Post-employment discrimination
  • Settlement agreements
  • Jurisdiction of employment tribunal
  • Seafarer status under equality act 2010
  • Age-discrimination
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Mental health law [2022] ScotCS CSOH_78

PETITION OF X FOR JUDICIAL REVIEW OF A DECISION BY THE MENTAL HEALTH TRIBUNAL FOR SCOTLAND

PETITION OF X FOR JUDICIAL REVIEW OF A DECISION BY THE MENTAL HEALTH TRIBUNAL FOR SCOTLAND [2022] ScotCS CSOH_78 (19 October 2022)

The Court of Session held that denying recorded matters for forensic patients under compulsion orders unlawfully discriminated under Article 14 ECHR.

  • Compulsion orders
  • Compulsory treatment orders
  • Recorded matters
  • Article 14 echr
  • Article 5 echr
  • Article 8 echr
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Contract law [2021] SC GLW 9

BILLY GRAHAM EVANGELISTIC ASSOCIATION AGAINST ;SCOTTISH EVENT CAMPUS LIMITED

BILLY GRAHAM EVANGELISTIC ASSOCIATION AGAINST ;SCOTTISH EVENT CAMPUS LIMITED [2021] SC GLW 9 (16 February 2021)

The court held that cancelling the event breached contract and amounted to unlawful discrimination on grounds of religion or belief.

  • Breach of contract
  • Freedom of expression
  • Religious discrimination
  • Breach-of-contract
  • Religious-discrimination
  • Freedom-of-expression
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Contract law [2021] SC GLW 9

BILLY GRAHAM EVANGELISTIC ASSOCIATION AGAINST ;SCOTTISH EVENT CAMPUS LIMITED

BILLY GRAHAM EVANGELISTIC ASSOCIATION AGAINST ;SCOTTISH EVENT CAMPUS LIMITED [2021] SC GLW 9 (16 February 2021)

The Sheriff Court held that Scottish Event Campus Limited breached contract and unlawfully discriminated against Billy Graham Evangelistic Association by cancelling an event.

  • Breach of contract
  • Freedom of expression
  • Religious discrimination
  • Breach-of-contract
  • Religious-discrimination
  • Freedom-of-expression
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Employment law [2017] ScotCS CSIH_32

Gennelli Malcolm v Dundee City Council

Gennelli Malcolm v Dundee City Council [2017] ScotCS CSIH_32 (26 May 2017)

The Court of Session held that the tribunal applied too strict a standard when assessing future wage loss, but upheld the refusal of pension loss and lab technician loss.

  • Sex discrimination
  • Burden of proof
  • Compensation for loss of earnings
  • Pension loss
  • Constructive dismissal
  • Employment-law
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Employment law [2013] ScotCS CSIH_86

CJD v A Decision of rhe Employment Appeal Tribunal

CJD v A Decision of rhe Employment Appeal Tribunal [2013] ScotCS CSIH_86 (24 October 2013)

The Court of Session restored the tribunal’s unfair dismissal finding but rejected the sex discrimination claim, holding the EAT was wrong on dismissal and right on discrimination.

  • Unfair dismissal
  • Sex discrimination
  • Disciplinary procedure
  • Burden of proof
  • Comparators in discrimination
  • Procedural fairness
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Civil procedure [2013] ScotCS CSIH_5

Singh v Napier

Singh v Napier [2013] ScotCS CSIH_5 (05 February 2013)

The Inner House refused a request to revisit its earlier judgment and declined to grant authority for a Supreme Court appeal, but awarded the respondent expenses.

  • Appeal procedure
  • Finality of judgments
  • Certification for supreme court appeal
  • Expenses of process
  • Appeal-procedure
  • Finality-of-judgments
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Civil procedure [2011] ScotCS CSIH_84

Singh v Truscott

Singh v Truscott [2011] ScotCS CSIH_84 (16 December 2011)

The Court of Session refused an appeal in a Race Relations Act claim, holding the pleadings were irrelevant and incompetent and that amendment was properly refused.

  • Race relations act 1976
  • Absolute privilege
  • Pleading requirements
  • Amendment of pleadings
  • Bias allegation
  • Race-relations-act-1976
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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.