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Scotland Case Law

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Administrative law

ScottishPower Renewables (UK) Limited against The Scottish Ministers

Judicial review of refusal of consent for the Carrick Forest wind farm failed. The court held the Ministers had adequate inquiry, reasons, and a rational basis.

  • Duty of inquiry
  • Relevant considerations
  • Reasons for decision
  • Wind farm consent
  • Aviation lighting mitigation
  • Aircraft detection and obstacle lighting system (adls)
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Administrative law [2026] CSOH 24

Petition of Galloway Without Pylons for Judicial Review (Court of Session)

Petition of Galloway Without Pylons for Judicial Review (Court of Session) [2026] CSOH 24 (10 March 2026)

The Court of Session held that Scottish Ministers gave adequate reasons for granting consent for an overhead power line project, despite departing from reporters’ recommendation.

  • Adequacy of reasons
  • Planning permissions
  • Electricity infrastructure
  • Environmental impact assessment
  • Judicial-review
  • Planning-law
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Environmental law [2026] CSOH 17

Petition of Restore Nature LTD for Judicial Review of a screening decision dated 23 December 2024 by Scottish Forestry (Court of Session)

Petition of Restore Nature LTD for Judicial Review of a screening decision dated 23 December 2024 by Scottish Forestry (Court of Session) [2026] CSOH 17 (03 March 2026)

The Court of Session reduced a forestry screening decision after finding flawed landscape reasoning and failure to properly address risks to the northern brown argus butterfly.

  • Environmental impact assessment
  • Forestry regulation
  • Judicial review
  • Landscape evaluation
  • Biodiversity protection
  • Judicial-review
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Environmental law [2026] CSIH 10

Raeshaw Farms LTD against Scottish Ministers and another (Court of Session)

Raeshaw Farms LTD against Scottish Ministers and another (Court of Session) [2026] CSIH 10 (17 February 2026)

The court held that the reporter materially erred in treating a wind farm and its grid connection separately for EIA purposes and quashed the decision.

  • Environmental impact assessment
  • Project splitting
  • Wind farm development
  • Planning permission
  • Grid connection
  • Salami slicing
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Administrative law [2026] CSOH 10

Petition of Richard Cross against the Highland Council for Judicial Review (Court of Session)

Petition of Richard Cross against the Highland Council for Judicial Review (Court of Session) [2026] CSOH 10 (17 February 2026)

The Court of Session refused judicial review of Highland Council’s planning permission for 66 homes, holding the committee had enough information and no material legal error was shown.

  • Judicial review of planning decisions
  • Interpretation of planning policy
  • Ancient woodland protection
  • Material considerations in planning
  • Statutory requirements for planning authorities
  • Judicial-review
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Information law [2025] ScotIC 310_2025

East Dunbartonshire Council (Planning application: details of road construction consent, road opening consent and dropped kerb consent)

East Dunbartonshire Council (Planning application: details of road construction consent, road opening consent and dropped kerb consent) [2025] ScotIC 310_2025 (19 December 2025)

The Commissioner partially upheld an information request about planning-related road consents, ordering disclosure of non-exempt material while accepting that some information was exempt or not held.

  • Freedom of information
  • Planning consent
  • Road construction consent
  • Road opening consent
  • Dropped kerb consent
  • Freedom-of-information
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Planning law [2025] ScotIC 239_2025

Aberdeenshire Council (Whisky storage planning application for a specified location)

Aberdeenshire Council (Whisky storage planning application for a specified location) [2025] ScotIC 239_2025 (01 October 2025)

The Scottish Information Commissioner partially upheld a request about a whisky storage planning application, ordering disclosure of non-exempt information while allowing some withholding.

  • Planning application disclosure
  • Public access to information
  • Freedom-of-information
  • Environmental-information
  • Planning-law
  • Information-disclosure
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Administrative law [2025] ScotIC 202_2025

Scottish Borders Council (Specific provision of planning law)

Scottish Borders Council (Specific provision of planning law) [2025] ScotIC 202_2025 (28 August 2025)

The Commissioner held that a specific provision of planning law required disclosure of the requested information and ordered Scottish Borders Council to release it.

  • Specific provision of planning law
  • Disclosure of planning information
  • Freedom-of-information
  • Planning-law
  • Administrative-law
  • Information-disclosure
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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.