Scotland Case 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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Angela Gordon against Social Care and Social Work Improvement Scotland

The Sheriff Appeal Court refused Angela Gordon’s appeal, holding that her loss averments lacked specification and relevancy. It also upheld dismissal of her negligence, defamation and human-rights claims.

• Specification-and-relevancy
• Time-bar/prescription
• Misfeasance-in-public-office
• Negligence-duty-of-care
• Defamation
• Regulatory-powers-of-the-care-inspectorate

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William Colley against Social Care and Social Work Improvement Scotland

The Sheriff Appeal Court refused an appeal in a civil action against the Care Inspectorate, upholding dismissal after debate, though it corrected part of the sheriff’s interlocutor.

• Misfeasance-in-public-office
• Negligence
• Defamation
• Prescription-and-limitation
• Regulatory-powers-of-the-care-inspectorate
• School-care-accommodation-services

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Petition of William Frederick Ian Beggs for Judicial Review of acts of prison authorities in opening and reading his correspondence without reasonable cause and for delays in providing him with his correspondence (Court of Session)

Petition of William Frederick Ian Beggs for Judicial Review of acts of prison authorities in opening and reading his correspondence without reasonable cause and for delays in providing him with his correspondence (Court of Session) [2026] CSOH 38 (15 April 2026)

The Court of Session refused judicial review by a prisoner challenging how prison authorities handled mail, including seizure, categorisation, and delivery delays.

• Prisoner-correspondence
• Article-8-echr
• Proportionality
• Confidential-correspondence
• Operational-policy
• Judicial-review

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Samantha Kane against Leslie Stewart Waugh and another (Court of Session)

Samantha Kane against Leslie Stewart Waugh and another (Court of Session) [2026] CSOH 32 (26 March 2026)

The Court of Session held that the community council dissolution decision was unlawful, but dismissed the petition because only declarator remained and it had no practical effect.

• Community-council-dissolution
• Procedural-fairness
• Constitutional-interpretation
• Local-government-law
• Public-law

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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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4U2 LTD against Glasgow City Council (Sheriff Appeal Court Civil)

4U2 LTD against Glasgow City Council (Sheriff Appeal Court Civil) [2026] SACCIV 13 (18 February 2026)

The Sheriff Appeal Court refused 4U2 Limited’s appeal against dismissal of its negligent misrepresentation claim over a Covid grant application.

• Negligent-misrepresentation
• Duty-of-care
• Economic-loss
• Public-authority-liability
• Grant-schemes
• Grant-applications

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The Advocate General for Scotland against Alexander Watt McCartney and others (Court of Session)

The Advocate General for Scotland against Alexander Watt McCartney and others (Court of Session) [2026] CSIH 5 (27 January 2026)

The Inner House refused an appeal against refusal of compensation for an account freezing order under section 303Z18 of the Proceeds of Crime Act 2002.

• Proceeds-of-crime
• Account-freezing-orders
• Compensation-for-freezing-orders
• Exceptional-circumstances
• Civil-recovery
• Judicial-review-of-public-authority-actions

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