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Administrative law [2026] CSIH 15

The Scottish Ministers against The Scottish Information Commissioner (Court of Session)

The Scottish Ministers against The Scottish Information Commissioner (Court of Session) [2026] CSIH 15 (26 March 2026)

The Inner House held that the Information Commissioner erred in ordering disclosure of privileged legal advice, allowing the Ministers’ appeal.

  • Freedom of information
  • Legal professional privilege
  • Public interest test
  • Statutory interpretation
  • Freedom-of-information
  • Legal-professional-privilege
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Administrative law [2025] ScotIC 144_2025

Scottish Ministers (James Hamilton's investigation into the First Minister under the Ministerial Code)

Scottish Ministers (James Hamilton's investigation into the First Minister under the Ministerial Code) [2025] ScotIC 144_2025 (12 June 2025)

The Scottish Information Commissioner partially upheld a decision concerning disclosure of parts of James Hamilton’s report into the First Minister under the Ministerial Code.

  • Ministerial code
  • Government ethics
  • Public accountability
  • Ministerial-code
  • Freedom-of-information
  • Government-accountability
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Criminal law [2025] HCJAC 2

References by HMA to the High Court of Judiciary in the summary prosecutions by the Procurator Fiscal Dundee against JH & LL and the Commissioner for Children and Young People in Scotland (High Court of Justiciary)

References by HMA to the High Court of Judiciary in the summary prosecutions by the Procurator Fiscal Dundee against JH & LL and the Commissioner for Children and Young People in Scotland (High Court of Justiciary) [2025] HCJAC 2 (17 January 2025)

The High Court held that the Lord Advocate’s prosecutorial decisions are relevant functions under the UNCRC Act, but answered both reference questions in the negative.

  • Application of uncrc incorporation (scotland) act 2024 to prosecutorial functions
  • Rights of child accused
  • Privacy in criminal proceedings
  • Statutory interpretation
  • Uncrc-incorporation-act-2024
  • Prosecutorial-discretion
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Constitutional law [2025] ScotIC 003_2025

Scottish Ministers (Draft independence referendum Bill)

Scottish Ministers (Draft independence referendum Bill) [2025] ScotIC 003_2025 (14 January 2025)

The Commissioner partially upheld a freedom of information appeal about a draft independence referendum Bill, ordering disclosure of some information while allowing valid exemptions for other material.

  • Freedom of information
  • Referendum legislation
  • Government transparency
  • Freedom-of-information
  • Referendum-legislation
  • Government-transparency
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Constitutional law [2024] ScotIC 200_2024

Scottish Ministers (Legal advice on legality of holding a further Scottish independence referendum)

Scottish Ministers (Legal advice on legality of holding a further Scottish independence referendum) [2024] ScotIC 200_2024 (16 September 2024)

The Scottish Information Commissioner held that legal advice about the legality of a further Scottish independence referendum was exempt from disclosure under FOISA and upheld the public interest in maintaining privilege.

  • Disclosure of legal advice
  • Independence referendum
  • Public interest test
  • Freedom-of-information
  • Legal-professional-privilege
  • Public-interest-test
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Constitutional law [2024] ScotIC 124_2024

Scottish Ministers (Independence Referendum Bill - Lord Advocate's reference to Supreme Court)

Scottish Ministers (Independence Referendum Bill - Lord Advocate's reference to Supreme Court) [2024] ScotIC 124_2024 (18 June 2024)

A reference concerning whether the Scottish Parliament can legislate for an independence referendum without UK Government consent, with the issue referred to the Supreme Court.

  • Independence referendum
  • Legislative competence
  • Devolution
  • Independence-referendum
  • Legislative-competence
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Tort/delict [2024] ScotCS CSIH_6

X AGAINST SHERIFF JOHN ALBERT BROWN AND THE LORD ADVOCATE

X AGAINST SHERIFF JOHN ALBERT BROWN AND THE LORD ADVOCATE [2024] ScotCS CSIH_6 (12 April 2024)

Inner House appeal on whether the Crown could be vicariously liable for a sheriff’s alleged assaults and harassment, and on time-bar.

  • Vicarious liability
  • Judicial independence
  • Harassment
  • Limitation of actions
  • Crown liability
  • Vicarious-liability
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Constitutional law [2023] ScotCS CSOH_93

PETITION OF SOOY AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

PETITION OF SOOY AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2023] ScotCS CSOH_93 (14 December 2023)

The Court of Session refused a petition challenging section 11A of the Tribunals, Courts and Enforcement Act 2007 and the Upper Tribunal's refusal of permission to appeal.

  • Judicial review
  • Parliamentary sovereignty
  • Rule of law
  • Treaty of union
  • Ouster clauses
  • Judicial-review
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Constitutional law [2023] ScotCS CSOH_89

PETITION BY THE SCOTTISH MINISTERS FOR JUDICIAL REVIEW OF THE GENDER RECOGNITION REFORM (SCOTLAND) BILL (PROHIBITION ON SUBMISSION FOR ROYAL ASSENT) ORDER 2023 MADE AND LAID BEFORE THE UK PARLIAMENT BY THE SECRETARY OF STATE (UNDER SECTION 35 OF THE SCOTLAND ACT 1998) ON 17 JANUARY 2023

PETITION BY THE SCOTTISH MINISTERS FOR JUDICIAL REVIEW OF THE GENDER RECOGNITION REFORM (SCOTLAND) BILL (PROHIBITION ON SUBMISSION FOR ROYAL ASSENT) ORDER 2023 MADE AND LAID BEFORE THE UK PARLIAMENT BY THE SECRETARY OF STATE (UNDER SECTION 35 OF THE SCOTLAND ACT 1998) ON 17 JANUARY 2023 [2023] ScotCS CSOH_89 (08 December 2023)

The Court of Session refused the Scottish Ministers’ petition challenging the section 35 order blocking Royal Assent to the Gender Recognition Reform (Scotland) Bill.

  • Section 35 scotland act 1998
  • Gender recognition reform
  • Reserved matters
  • Executive veto
  • Judicial review standards
  • Judicial-review
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Constitutional law [2023] ScotCS CSOH_76

PETITION OF THE SCOTTISH ASSOCIATION OF LANDLORDS AND OTHERS AGAINST THE LORD ADVOCATE AND THE SCOTTISH MINISTERS

PETITION OF THE SCOTTISH ASSOCIATION OF LANDLORDS AND OTHERS AGAINST THE LORD ADVOCATE AND THE SCOTTISH MINISTERS [2023] ScotCS CSOH_76 (02 November 2023)

Judicial review challenging emergency rent-cap and eviction-moratorium legislation failed. The court held the petitioners had not shown disproportionate interference or unjustified discrimination.

  • Legislative competence
  • Proportionality
  • Rent control
  • Eviction moratorium
  • Discrimination under article 14
  • Article 1 protocol 1 echr
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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.

Source links and collection timestamps are retained alongside the indexed records.