Scotland Case Law

RS per Govan Law Centre v South Lanarkshire Council

The Upper Tribunal upheld the First-tier Tribunal’s ruling that it had no jurisdiction over a complaint about primary-school transition duties under the 2004 Act and 2005 Regulations.

• Additional support needs
• Transition duties
• Jurisdiction of the first-tier tribunal for scotland
• Section 18(3)(g) of the education (additional support for learning) (scotland) act 2004
• Education (additional support for learning) (scotland) act 2004
• Additional support for learning (changes in school education) (scotland) regulations 2005

Read case analysis

North Lanarkshire Council against LM per Cairn Legal Limited

The Upper Tribunal for Scotland held that no fresh placing request was needed for the child’s move from nursery to primary provision at School B, and upheld the FTS decision.

• Additional support needs
• Placing request
• Jurisdiction
• All through school
• Special school
• Primary education

Read case analysis

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

Read case analysis

Leo Bruce Huisman against University of the Highlands and Islands and another (Court of Session)

Leo Bruce Huisman against University of the Highlands and Islands and another (Court of Session) [2026] CSIH 17 (01 April 2026)

The Court of Session refused a reclaiming motion challenging higher tuition fees for a British citizen who fled South Africa, holding he was not analogous to excepted students.

• Tuition fees
• Discrimination
• Right to education
• Statutory interpretation
• Humanitarian protection
• Tuition-fees

Read case analysis

Mull Campus Working Group LTD for Judicial Review (Court of Session)

Mull Campus Working Group LTD for Judicial Review (Court of Session) [2026] CSOH 11 (18 February 2026)

The Court of Session dismissed a judicial review challenge to Argyll and Bute Council’s choice of Tobermory South as the preferred site for a new Mull campus.

• Judicial review of local authority decisions
• Procedural fairness
• Statutory powers
• Site selection for public infrastructure
• Community consultation
• Judicial-review

Read case analysis

The Scottish Ministers against Donald Leggat and The Scottish Ministers against Gabrielle Griffin (Court of Session)

The Scottish Ministers against Donald Leggat and The Scottish Ministers against Gabrielle Griffin (Court of Session) [2026] CSOH 9 (06 February 2026)

Test cases on Scottish dental bursary contracts: the court construed NHS earnings year by year and held the Ministers’ claims not prescribed.

• Interpretation of student bursary contracts
• Repayment obligations for breach of service conditions
• Prescription and limitation of actions
• Contra proferentem rule
• Calculation of nhs/private earnings for dentists
• Contract-interpretation

Read case analysis

DBAK against The Governors of the Fettes Trust (Court of Session)

DBAK against The Governors of the Fettes Trust (Court of Session) [2026] CSOH 5 (29 January 2026)

A former Fettes pupil succeeded in a sexual abuse damages claim for solatium, but failed to prove that the abuse caused loss of earnings or pension loss.

• Vicarious liability
• Sexual abuse
• Damages assessment
• Psychiatric injury
• Loss of earnings
• Solatium

Read case analysis

University of Strathclyde (Students that had not matriculated on a specific course)

University of Strathclyde (Students that had not matriculated on a specific course) [2026] ScotIC 004_2026 (13 January 2026)

The Scottish Information Commissioner ordered the University of Strathclyde to disclose information about students who had not matriculated on a specific course.

• Freedom of information
• Student records
• Matriculation
• Freedom-of-information
• Student-records

Read case analysis

General Teaching Council for Scotland (Risk regarding child safeguarding)

General Teaching Council for Scotland (Risk regarding child safeguarding) [2025] ScotIC 226_2025 (26 September 2025)

The Commissioner partially upheld an information appeal involving child safeguarding, ordering partial disclosure with redactions and refusing disclosure where risk remained.

• Freedom of information
• Child safeguarding
• Public interest exemption
• Freedom-of-information
• Child-safeguarding
• Public-interest-test

Read case analysis

St Margarets Nursery LTD for Judicial Review (Court of Session)

St Margarets Nursery LTD for Judicial Review (Court of Session) [2026] CSOH 35 (18 September 2025)

The Court of Session refused permission for judicial review of Edinburgh Council’s non-renewal of an early learning and childcare agreement and dismissed the petition.

• Judicial review
• Eligibility criteria
• Early learning and childcare
• Legitimate expectation
• Procedural fairness
• Irrationality

Read case analysis