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Scotland Case Law

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Data protection

Joseph Henderson against The Scottish Ministers

The court held that the wrong document delivered was the Parole Board decision letter, not the minute, and that Joseph Henderson proved no compensable damage.

  • Wrongful disclosure of prison parole documents
  • Uk gdpr
  • Data protection act 2018
  • Article 8 echr
  • Compensation for non-material damage
  • Causation and proof of loss
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Civil procedure

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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Civil law

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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Civil procedure [2026] CSOH 39

Robert Adamson against Arnold Clark Automobiles LTD (Court of Session)

Robert Adamson against Arnold Clark Automobiles LTD (Court of Session) [2026] CSOH 39 (16 April 2026)

The Court of Session refused a reclaiming motion and affirmed permission for group proceedings over a 2022 cyber breach, holding forum non conveniens should not be decided at permission stage.

  • Group proceedings
  • Forum non conveniens
  • Jurisdiction
  • Data breach
  • Uk gdpr
  • Civil litigation (expenses and group proceedings) (scotland) act 2018
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Data protection [2026] SACCIV 17

East Dunbartonshire Council against Paul Paton (Sheriff Appeal Court Civil)

East Dunbartonshire Council against Paul Paton (Sheriff Appeal Court Civil) [2026] SACCIV 17 (04 March 2026)

The Sheriff Appeal Court held that a school risk assessment could be mixed personal data of both a pupil and her father, so the father could seek rectification and compensation.

  • Personal data
  • Rectification of data
  • Compensation for data breach
  • Mixed personal data
  • Parental rights
  • Personal-data
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Information law [2026] ScotIC 028_2026

East Dunbartonshire Council (Deceased person's care records)

East Dunbartonshire Council (Deceased person's care records) [2026] ScotIC 028_2026 (23 February 2026)

The Scottish Information Commissioner held that East Dunbartonshire Council could withhold a deceased person’s care records under FOISA section 38.

  • Access to deceased person's care records
  • Freedom of information (scotland) act 2002
  • Freedom-of-information-scotland-act
  • Deceased-person-records
  • Data-protection
  • Information-law
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Information law [2026] ScotIC 015_2026

Highland Council (Statistics on Subject Access Requests (SAR) submitted to the Authority - failure to respond)

Highland Council (Statistics on Subject Access Requests (SAR) submitted to the Authority - failure to respond) [2026] ScotIC 015_2026 (27 January 2026)

The Scottish Information Commissioner upheld a complaint against Highland Council for failing to respond to subject access requests within the statutory timeframe.

  • Subject access requests
  • Failure to respond
  • Public authority obligations
  • Subject-access-requests
  • Data-protection
  • Information-law
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Data protection [2026] SCDUMB 4

Note: Dr Laurence McDermid against NHS Greater Glasgow & Clyde Health Board (Sheriff Court Civil)

Note: Dr Laurence McDermid against NHS Greater Glasgow & Clyde Health Board (Sheriff Court Civil) [2026] SCDUMB 4 (23 December 2025)

The sheriff refused a pre-hearing motion for document inspection under the Data Protection Act 2018, finding it premature and unsuitable before answers were lodged.

  • Subject access requests
  • Compliance orders
  • Written reasons
  • Summary application procedure
  • Data-protection
  • Summary-application-procedure
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Data protection [2025] ScotIC 296_2025

General Teaching Council for Scotland (Data incident)

General Teaching Council for Scotland (Data incident) [2025] ScotIC 296_2025 (12 December 2025)

The Scottish Information Commissioner partially upheld a data incident complaint against the General Teaching Council for Scotland and required remedial security improvements.

  • Data breach
  • Public sector accountability
  • Data-breach
  • Data-protection
  • Privacy-law
  • Public-sector-accountability
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Civil procedure [2026] SCEDIN 22

Gordon Dunn against Menzies Distribution LTD (Sheriff Court Civil)

Gordon Dunn against Menzies Distribution LTD (Sheriff Court Civil) [2026] SCEDIN 22 (27 November 2025)

The court granted the defender’s motion after the pursuer abandoned the action and was found to have made fraudulent representations, disapplying QOCS and recalling anonymity.

  • Qualified one-way cost shifting (qocs)
  • Fraudulent representation
  • Abuse of process
  • Anonymity orders
  • Expenses (costs)
  • Certification of skilled witness
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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.