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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

Sir Iain Livingstone QPM, Chief Constable of Scotland v Kevin Booth

The Sheriff Appeal Court refused an appeal against a trafficking and exploitation risk order, including a five-year ban on foreign travel, and upheld the expenses award.

  • Trafficking-and-exploitation-risk-order
  • Foreign-travel-ban
  • Article-8-echr-proportionality
  • Expenses
  • Amendment-of-pleadings
  • Article-8-proportionality
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Immigration-law

Abdul Munim for Judicial Review

Petition for judicial review of an Upper Tribunal refusal of permission to appeal was refused as incompetent under section 11A of the 2007 Act.

  • Permission-to-appeal
  • Section-11a-of-the-tribunals,-courts-and-enforcement-act-2007
  • Natural-justice
  • Procedural-defect
  • Article-8-echr
  • Upper-tribunal
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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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Public-law [2026] CSOH 38

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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Administrative-law [2026] CSIH 12

Patrick Henry McAuley for leave to appeal a decision of the Scottish Legal Complaints Commission (Court of Session)

Patrick Henry McAuley for leave to appeal a decision of the Scottish Legal Complaints Commission (Court of Session) [2026] CSIH 12 (17 March 2026)

The court refused leave to appeal against an SLCC eligibility decision, holding the applicant showed no real prospect of success under section 21 of the 2007 Act.

  • Statutory-interpretation
  • Professional-misconduct
  • Procedural-impropriety
  • Standing-and-interest
  • Human-rights-act-compliance
  • Threshold-for-complaint-eligibility
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Immigration [2026] CSOH 7

Jarryd Luke Du Plessis (AP) for Judicial Review of decision by Secretary of State for the Home Department (Court of Session)

Jarryd Luke Du Plessis (AP) for Judicial Review of decision by Secretary of State for the Home Department (Court of Session) [2026] CSOH 7 (05 February 2026)

The Court of Session refused a deportation judicial review, holding the petitioner had not shown Exception 1 or 2 under section 117C and the decision was not irrational.

  • Deportation
  • Echr-article-8
  • Nationality-immigration-and-asylum-act-2002
  • Immigration-rules
  • Rationality-of-administrative-decisions
  • Article-8-echr
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Civil-liability [2026] CSOH 8

Mark Hirst against The Chief Constable Police Service of Scotland and others (Court of Session)

Mark Hirst against The Chief Constable Police Service of Scotland and others (Court of Session) [2026] CSOH 8 (05 February 2026)

The Court of Session dismissed a malicious prosecution action against police and prosecutors, but held section 170 of the 1995 Act incompatible with Article 6 ECHR.

  • Malicious-prosecution
  • Police-liability
  • Prosecutorial-immunity
  • Article-6-echr
  • Section-170-criminal-procedure-(scotland)-act-1995
  • Freedom-of-expression
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Information-law [2026] ScotIC 017_2026

NHS National Services Scotland (Specified training material on competing rights and trans issues)

NHS National Services Scotland (Specified training material on competing rights and trans issues) [2026] ScotIC 017_2026 (02 February 2026)

The Scottish Information Commissioner ordered NHS National Services Scotland to disclose specified training material on competing rights and trans issues under FOISA.

  • Freedom-of-information
  • Competing-rights
  • Transgender-issues
  • Human-rights
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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.