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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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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NM against Graeme Henderson and another (Court of Session)

NM against Graeme Henderson and another (Court of Session) [2024] CSOH 84 (23 August 2024)

The Court of Session allowed a vicarious liability claim to proceed, but dismissed a direct duty of care claim and excluded limited averments as irrelevant.

• Vicarious-liability
• Duty-of-care
• Harassment
• Specification-of-pleadings
• Employer-liability
• Statutory-duties-under-protection-from-harassment-act-1997

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Glasgow City Council against MM (Sheriff Appeal Court Civil)

Glasgow City Council against MM (Sheriff Appeal Court Civil) [2024] SACCIV 38 (12 August 2024)

The Sheriff Appeal Court held that section 81(1) of the 2007 Act is not severable, so a permanence order could not competently be made for a child over 16.

• Permanence-orders
• Adoption-and-children-(scotland)-act-2007
• Parental-rights-and-responsibilities
• Competency-of-orders
• Statutory-construction
• Adoption-and-children-scotland-act-2007

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SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD

SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD [2024] ScotCS CSOH_56 (05 June 2024)

The Court of Session dismissed coordinated claims by tenants alleging contaminated land made their homes unfit and caused illness, finding no proved breach or causation.

• Fitness-for-human-habitation
• Contaminated-land
• Personal-injury
• Statutory-duties-of-landlords
• Causation-in-tort
• Landlord-liability

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RECLAIMING MOTION BY FOR WOMEN SCOTLAND LTD AGAINST THE SCOTTISH MINISTERS

RECLAIMING MOTION BY FOR WOMEN SCOTLAND LTD AGAINST THE SCOTTISH MINISTERS [2023] ScotCS CSIH_37 (01 November 2023)

The Inner House held that GRC holders in the acquired female gender fall within “woman” under the Equality Act 2010, and upheld the ministers’ revised guidance.

• Gender-recognition
• Sex-discrimination
• Protected-characteristics
• Statutory-guidance
• Positive-action
• Equality-act-2010

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ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC

ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC [2023] ScotCS CSOH_50 (27 July 2023)

The Court of Session held that section 5 of the Damages (Scotland) Act 2011 can apply even if mesothelioma was not present when the deceased settled an earlier claim.

• Mesothelioma
• Damages-for-relatives
• Discharge-of-liability
• Statutory-exception
• Single-action-rule
• Damages-scotland-act-2011

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APPEAL BY NICOLA STEVEN WATT OR MURRAY AND OTHERS AGAINST LEND LEASE CONSTRUCTION LTD

APPEAL BY NICOLA STEVEN WATT OR MURRAY AND OTHERS AGAINST LEND LEASE CONSTRUCTION LTD [2023] ScotCS CSIH_19 (21 April 2023)

The Inner House refused a reclaiming motion in an asbestos injury claim, holding the Lord Ordinary had made his own findings and did not err in relying on Abraham.

• Negligence
• Breach-of-statutory-duty
• Asbestos-exposure
• Foreseeability
• Mesothelioma
• Personal-injury-appeal

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PETITION BY FAIR PLAY FOR WOMEN LIMITED FOR JUDICIAL REVIEW

PETITION BY FAIR PLAY FOR WOMEN LIMITED FOR JUDICIAL REVIEW [2022] ScotCS CSOH_20 (17 February 2022)

The Court of Session refused judicial review of census guidance on the sex question, holding it did not authorise unlawful conduct and that “sex” is context-dependent.

• Census-guidance
• Definition-of-sex
• Transgender-rights
• Statutory-construction
• Penalisation
• Equality-act-2010

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APPEAL BY STEPHEN MOTRONI AGAINST PROCURATOR FISCAL, KILMARNOCK

APPEAL BY STEPHEN MOTRONI AGAINST PROCURATOR FISCAL, KILMARNOCK [2022] ScotHC HCJAC_7 (02 February 2022)

The High Court held that a 2003 amendment to section 16B was procedural and retrospective, so the sheriff court had jurisdiction over the Italian allegations.

• Retrospective-application-of-statutory-amendments
• Jurisdiction-of-sheriff-court
• Procedural-vs-substantive-law
• Statutory-interpretation
• Retrospective-legislation
• Criminal-jurisdiction

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