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Scotland Case Law

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Immigration law

Jharna Shital Adwani (AP) (FE) for Judicial Review

Judicial review of a refusal in a Tier 1 (Entrepreneur) extension application failed. The court held the COVID-19 concession guidance was qualified and the job-creation evidence was insufficient.

  • Tier 1 (entrepreneur) extension application
  • Legitimate expectation
  • Published policy and guidance
  • Job creation requirement
  • Adequacy of reasons
  • Wednesbury irrationality
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Public law

AB, Petitioner for Judicial Review of the decision of the Sheriff Principal of Lothian and Borders dated 26 November 2025 refusing to investigate a complaint concerning the conduct of a curator ad litem

Lady Drummond refused judicial review of the Sheriff Principal’s decision not to investigate a complaint about a curator ad litem, holding there was no error of law, unfairness, or irrationality.

  • Legitimate expectation
  • Jurisdiction/power to investigate complaint
  • Procedural fairness
  • Irrationality/wednesbury unreasonableness
  • Alternative remedy
  • Court-appointed curator ad litem
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Immigration law

Abdul Munim for Judicial Review

Petition for judicial review of an Upper Tribunal refusal of permission to appeal was refused as incompetent under section 11A of the 2007 Act.

  • Permission to appeal
  • Section 11a of the tribunals, courts and enforcement act 2007
  • Natural justice
  • Procedural defect
  • Article 8 echr
  • Upper tribunal
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Public law [2024] CSOH 114

Petition of Karen Duncan for Judicial Review (Court of Session)

Petition of Karen Duncan for Judicial Review (Court of Session) [2024] CSOH 114 (03 January 2025)

The Court of Session refused Karen Duncan’s judicial review of a fatal accident inquiry determination, upholding the finding that referral to PAU was a reasonable precaution.

  • Fatal accident inquiry
  • Reasonableness of precautions
  • Medical professional judgment
  • Statutory interpretation
  • Duty to give reasons
  • Fatal-accident-inquiry
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Immigration [2024] ScotCS CSOH_64

JR AGAINST ADVOCATE GENERAL FOR SCOTLAND

JR AGAINST ADVOCATE GENERAL FOR SCOTLAND [2024] ScotCS CSOH_64 (20 June 2024)

The court granted permission on some judicial review grounds and transferred the petition to the Upper Tribunal, finding discretionary transfer appropriate.

  • Certification of claims as clearly unfounded
  • Transfer to upper tribunal
  • Permission for judicial review
  • Judicial-review
  • Immigration
  • Asylum
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Planning law [2024] ScotCS CSOH_46

TESCO STORES LTD AGAINST PERTH AND KINROSS COUNCIL

TESCO STORES LTD AGAINST PERTH AND KINROSS COUNCIL [2024] ScotCS CSOH_46 (26 April 2024)

The Court of Session reduced Perth and Kinross Council’s planning permission for an Aldi store, holding that Policy 28(c) of NPF4 was misapplied.

  • Interpretation of planning policy
  • Application of national planning framework 4 (npf4)
  • Retail development in out-of-centre locations
  • Sequential test in planning
  • Adequacy of reasons in planning decisions
  • Planning-law
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Immigration [2023] ScotCS CSOH_5

AC FOR JUDICIAL REVIEW

AC FOR JUDICIAL REVIEW [2023] ScotCS CSOH_5 (02 February 2023)

The Court of Session refused judicial review of the Upper Tribunal’s refusal of permission to appeal in an asylum case involving a Moroccan petitioner.

  • Asylum claims
  • Credibility assessment
  • Permission to appeal
  • Police protection
  • Internal relocation
  • Expert evidence
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Immigration law [2022] ScotCS CSIH_19

APPEAL BY MARIWAN QUADIR HASSAN AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY MARIWAN QUADIR HASSAN AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSIH_19 (19 April 2022)

The Inner House refused an appeal concerning asylum evidence, holding that the second tribunal properly applied Devaseelan to later witness evidence.

  • Asylum
  • Honour-based violence
  • Evidentiary assessment
  • Second appeals test
  • Devaseelan guidelines
  • Judicial-review
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Criminal law [2021] ScotCS CSIH_57

RECLAIMING MOTION BY PAUL VINCENT KELLY FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH CRIMINAL CASES REVIEW COMMISSION

RECLAIMING MOTION BY PAUL VINCENT KELLY FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH CRIMINAL CASES REVIEW COMMISSION [2021] ScotCS CSIH_57 (18 October 2021)

The Inner House refused a reclaiming motion challenging the SCCRC’s refusal to refer Kelly’s conviction, holding that counsel’s witness decisions were within reasonable professional judgment.

  • Defective representation
  • Miscarriage of justice
  • Appeal procedure
  • Judicial-review
  • Defective-representation
  • Sccrc
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Immigration [2021] ScotCS CSIH_55

APPEAL BY AHT (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY AHT (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_55 (08 October 2021)

The Inner House refused a judicial review appeal in an asylum case, holding that country guidance in IM and AI applied and that expert evidence could not redefine it.

  • Country guidance
  • Risk on return
  • Failed asylum seeker
  • Expert evidence
  • Second appeals test
  • Asylum
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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.