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
• Permanence-orders

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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
• Fitness-for-human-habitation

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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
• Gender-recognition

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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
• Asbestos-exposure

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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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