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Scotland Case Law

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Employment law [2025] SCEDIN 81

Mark Andrew Card against Chief Constable, Police Service of Scotland (National Personal Injury Court)

Mark Andrew Card against Chief Constable, Police Service of Scotland (National Personal Injury Court) [2025] SCEDIN 81 (20 October 2025)

A police constable won reparation after a knife incident, with liability based on negligent recording and failure to deploy firearms officers, but damages were reduced 40% for contributory negligence.

  • Employer's duty of care
  • Vicarious liability
  • Negligence
  • Safe system of work
  • Contributory negligence
  • Police-negligence
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Tort law [2025] SCEDIN 43

Ross Lamont against The Chief Constable, Police Scotland (National Personal Injury Court)

Ross Lamont against The Chief Constable, Police Scotland (National Personal Injury Court) [2025] SCEDIN 43 (01 August 2025)

A sheriff held Police Scotland vicariously liable for a constable’s excessive force when removing a pursuer’s hand from railings, awarding £12,000 for a finger fracture.

  • Assault by police
  • Use of force
  • Negligence
  • Vicarious liability
  • Damages
  • Proportionality of force
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Tort [2025] SCEDI 38

David Dawson against Jonathan Threadgold and others (National Personal Injury Court)

David Dawson against Jonathan Threadgold and others (National Personal Injury Court) [2025] SCEDI 38 (25 June 2025)

The court held that police used reasonable force to arrest the pursuer, but acted unreasonably by putting him to the ground and allowing him to fall unsupported.

  • Use of force by police
  • Duty of care
  • Vicarious liability
  • Reasonable force
  • Negligence
  • Damages
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Delict [2024] CSOH 109

Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session)

Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session) [2024] CSOH 109 (13 December 2024)

The Court of Session held that a pursuer’s malicious-reporting claim against the chief constable was relevant enough to proceed to proof before answer.

  • Malicious prosecution
  • Reasonable and probable cause
  • Malice
  • Suppression of evidence
  • Police duties in reporting crime
  • Specification of pleadings
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Administrative law [2024] CSOH 102

Petition of XY for Judicial Review (Court of Session)

Petition of XY for Judicial Review (Court of Session) [2024] CSOH 102 (13 November 2024)

Judicial review of a probationary constable’s discharge under regulation 9 was allowed because the decision lacked an evidential basis and fairness was flawed.

  • Judicial review of administrative action
  • Probationary police officer discharge
  • Procedural fairness
  • Natural justice
  • Evidential basis for administrative decisions
  • Judicial-review
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Administrative law [2024] ScotCS CSOH_58

PETITION OF DEPUTY POLICE CONSTABLE (DESIGNATE) FIONA TAYLOR, QPM FOR JUDICIAL REVIEW

PETITION OF DEPUTY POLICE CONSTABLE (DESIGNATE) FIONA TAYLOR, QPM FOR JUDICIAL REVIEW [2024] ScotCS CSOH_58 (17 May 2024)

The Court of Session reduced a Police Appeals Tribunal decision for inadequate reasons and reliance on irrelevant considerations in a police misconduct appeal.

  • Judicial review of disciplinary tribunal
  • Police misconduct
  • Adequacy of reasons
  • Relevant and irrelevant considerations
  • Sanction in police discipline
  • Procedural fairness
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Administrative law [2024] ScotSAC Civ 3

BARRY SCOTT v KATE FRAME, POLICE INVESTIGATIONS & REVIEW COMMISSIONER

BARRY SCOTT v KATE FRAME, POLICE INVESTIGATIONS & REVIEW COMMISSIONER [2024] ScotSAC Civ 3 (31 January 2024)

A Sheriff Appeal Court civil appeal challenging the Police Investigations & Review Commissioner’s handling of a complaint was refused as lawful and reasonable.

  • Judicial review
  • Police complaints
  • Public law
  • Judicial-review
  • Police-complaints
  • Public-law
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Administrative law [2023] ScotCS CSOH_90

D FOR JUDICIAL REVIEW

D FOR JUDICIAL REVIEW [2023] ScotCS CSOH_90 (12 December 2023)

The Court of Session dismissed a police officer’s judicial review of a drug-testing investigation, holding the petition premature because disciplinary remedies had not been exhausted.

  • Judicial review
  • Police misconduct
  • Procedural fairness
  • Prematurity
  • Alternative remedy
  • Article 6 echr
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Administrative law [2022] ScotCS CSIH_10

Steele, Re Application for Judicial Review

Steele, Re Application for Judicial Review [2022] ScotCS CSIH_10 (4 March 2022)

The Inner House refused a reclaiming motion challenging police misconduct proceedings over a Twitter GIF post linked to the Sheku Bayoh discussion.

  • Disciplinary proceedings
  • Freedom of expression
  • Misconduct by police officers
  • Social media conduct
  • Judicial-review
  • Article-10-expression
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Freedom of information [2021] ScotIC 143_2021

The Applicant and Chief Constable of the Police Service of Scotland

The Applicant and Chief Constable of the Police Service of Scotland [2021] ScotIC 143_2021 (29 September 2021)

The Scottish Information Commissioner partially upheld a request for information about the Zircon Affair and a BBC Scotland raid, requiring disclosure of some material while allowing exempt information to remain withheld.

  • Disclosure of information
  • Public interest
  • Law enforcement
  • Freedom-of-information
  • Law-enforcement
  • Public-interest
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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.