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

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Petition of The Scottish Ministers for an order under section 46 of the Court of Session Act 1988 and for interdict and interdict ad interim

The court granted the Scottish Ministers’ petition to remove unlawful occupiers from land at Waterfront Avenue, Granton, and to interdict re-entry.

• Eviction-from-land
• Article-8-echr
• Article-14-echr
• Uncrc-incorporation
• Best-interests-of-the-child
• Children's-views

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Application for leave to appeal under section 26 of the Extradition Act 2003 by Krzysztof Romanik against The Lord Advocate for the Polish Judicial Authority (High Court of Justiciary)

Application for leave to appeal under section 26 of the Extradition Act 2003 by Krzysztof Romanik against The Lord Advocate for the Polish Judicial Authority (High Court of Justiciary) [2026] HCJAC 15 (06 May 2026)

Leave to appeal against extradition to Poland was refused. The court rejected arguments based on section 21A, mental health under section 25, and Article 8 ECHR.

• Extradition
• Article-8-echr
• Mental-health-and-extradition
• Proportionality
• Unjust-or-oppressive-extradition
• Passage-of-time-in-extradition

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The Procurator Fiscal, Glasgow against Rose Docherty (Sheriff Court Criminal)

The Procurator Fiscal, Glasgow against Rose Docherty (Sheriff Court Criminal) [2026] SCGLA 59 (29 April 2026)

The sheriff held that charges under Scotland’s safe access zones law were irrelevant because they omitted essential facts about another person’s presence and purpose.

• Safe-access-zones
• Abortion-services
• Freedom-of-expression
• Criminal-procedure
• Statutory-offences
• Echr-article-10

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MH against Procurator Fiscal, Glasgow (Sheriff Appeal Court Criminal)

MH against Procurator Fiscal, Glasgow (Sheriff Appeal Court Criminal) [2026] SACCRIM 8 (02 April 2026)

The Sheriff Appeal Court refused an appeal against refusal to vary a non-harassment order to permit contact with a child, holding there was no material change of circumstances.

• Non-harassment-orders
• Domestic-abuse
• Contact-with-children
• Article-8-echr
• Uncrc-compliance
• Variation-of-orders

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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
• Article-14-discrimination

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Petition of Craig McInally for Judicial Review of a decision of a failure by the Scottish Ministers to plan his sentence, progress him through the prison system, and provide him with rehabilitative opportunities (Court of Session)

Petition of Craig McInally for Judicial Review of a decision of a failure by the Scottish Ministers to plan his sentence, progress him through the prison system, and provide him with rehabilitative opportunities (Court of Session) [2026] CSOH 21 (06 March 2026)

The court held that Scottish Ministers breached Article 5 ECHR by failing to provide Craig McInally reasonable rehabilitative opportunities post-tariff, and awarded £1,000 damages.

• Arbitrary-detention
• Rehabilitation-of-prisoners
• European-convention-on-human-rights-article-5
• Damages-for-breach-of-human-rights
• Sentence-planning
• Article-5-echr

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Petition of JH against The Scottish Ministers (Court of Session)

Petition of JH against The Scottish Ministers (Court of Session) [2026] CSOH 20 (06 March 2026)

The Court of Session refused judicial review by a prisoner who said he was denied rehabilitation because he maintained his innocence. The court found no Article 5 breach.

• Article-5-echr
• Rehabilitation-of-prisoners
• Denial-of-guilt-and-prisoner-progression
• Judicial-review
• Wednesbury-unreasonableness
• Prisoner-rehabilitation

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Petition of Craig MacKay for Judicial Review (Court of Session)

Petition of Craig MacKay for Judicial Review (Court of Session) [2026] CSOH 14 (03 March 2026)

The court refused judicial review, holding that a prisoner who maintained innocence was not unlawfully denied rehabilitation where suitability for the programme depended on risk factors and readiness to engage.

• Rehabilitation-of-prisoners
• Article-5-echr
• Systemic-failure
• Wednesbury-unreasonableness
• Prisoner-maintaining-innocence
• Parole-eligibility

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Appeal against Conviction by YZ against His Majesty's Advocate (High Court of Justiciary)

Appeal against Conviction by YZ against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 12 (05 February 2026)

The appeal court held that undisclosed material in a sexual and violence conviction case caused a miscarriage of justice and quashed the convictions.

• Disclosure-obligations
• Fair-trial
• Sexual-offences
• Child-abuse
• Corroboration
• Miscarriage-of-justice

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