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Scotland Case Law

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Immigration-law

Jharna Shital Adwani (AP) (FE) for Judicial Review

Judicial review of a refusal in a Tier 1 (Entrepreneur) extension application failed. The court held the COVID-19 concession guidance was qualified and the job-creation evidence was insufficient.

  • Tier-1-(entrepreneur)-extension-application
  • Legitimate-expectation
  • Published-policy-and-guidance
  • Job-creation-requirement
  • Adequacy-of-reasons
  • Wednesbury-irrationality
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Education-law

CG v Falkirk Council

The Upper Tribunal refused CG’s appeal against Falkirk Council, holding that the First-tier Tribunal’s reasons were adequate and the challenge was really to factual findings.

  • Placing-request
  • Additional-support-for-learning
  • Adequacy-of-reasons
  • Error-of-law
  • Speech-and-language-therapy
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Housing-law

Graham Lundie against David Dickson & Carrie Richmond

The Upper Tribunal allowed the landlord’s appeal, holding that the First-tier Tribunal gave inadequate reasons on key disrepair findings and damages, and remitted the case for redetermination.

  • Private-residential-tenancy
  • Disrepair
  • Damages
  • Abatement-of-rent
  • Inconvenience
  • Adequacy-of-reasons
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Administrative-law [2026] SCEDIN 31

Petrea Cooney against City of Edinburgh Council (Sheriff Court Civil)

Petrea Cooney against City of Edinburgh Council (Sheriff Court Civil) [2026] SCEDIN 31 (13 March 2026)

The Sheriff Court dismissed a challenge to Edinburgh Council’s refusal to renew a short-term let licence, holding the decision was lawful, rational, and adequately reasoned.

  • Short-term-let-licensing
  • Statutory-appeals
  • Public-nuisance
  • Suitability-of-premises
  • Adequacy-of-reasons
  • Statutory-appeal
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Administrative-law [2026] CSOH 24

Petition of Galloway Without Pylons for Judicial Review (Court of Session)

Petition of Galloway Without Pylons for Judicial Review (Court of Session) [2026] CSOH 24 (10 March 2026)

The Court of Session held that Scottish Ministers gave adequate reasons for granting consent for an overhead power line project, despite departing from reporters’ recommendation.

  • Adequacy-of-reasons
  • Planning-permissions
  • Electricity-infrastructure
  • Environmental-impact-assessment
  • Judicial-review
  • Planning-law
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Environmental-law [2026] CSIH 10

Raeshaw Farms LTD against Scottish Ministers and another (Court of Session)

Raeshaw Farms LTD against Scottish Ministers and another (Court of Session) [2026] CSIH 10 (17 February 2026)

The court held that the reporter materially erred in treating a wind farm and its grid connection separately for EIA purposes and quashed the decision.

  • Environmental-impact-assessment
  • Project-splitting
  • Wind-farm-development
  • Planning-permission
  • Grid-connection
  • Salami-slicing
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Immigration-law [2024] CSOH 101

CD for Judicial Review (Court of Session)

CD for Judicial Review (Court of Session) [2024] CSOH 101 (12 November 2024)

The Court of Session reduced a visitor visa refusal because the decision-maker failed to comply with section 55 child-welfare duties and gave inadequate reasons.

  • Visitor-visa-refusal
  • Judicial-review
  • Best-interests-of-children
  • Section-55-borders,-citizenship-and-immigration-act-2009
  • Adequacy-of-reasons
  • Material-considerations
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Immigration-law [2024] CSOH 88

Petition of A B and C for Judicial Review (Court of Session)

Petition of A B and C for Judicial Review (Court of Session) [2024] CSOH 88 (13 September 2024)

The Court of Session reduced refusal decisions after holding that the Secretary of State gave inadequate reasons for treating further submissions as not amounting to a fresh claim.

  • Judicial-review-of-refusal-to-treat-further-submissions-as-a-fresh-claim
  • Adequacy-of-reasons-in-administrative-decisions
  • Application-of-immigration-rules-paragraph-353
  • Article-8-echr-considerations
  • Judicial-review
  • Immigration-fresh-claim
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Administrative-law [2024] ScotCS CSOH_57

PETITION OF DEPUTY POLICE CONSTABLE (DESIGNATE) FIONA TAYLOR, QPM FOR JUDICIAL REVIEW

PETITION OF DEPUTY POLICE CONSTABLE (DESIGNATE) FIONA TAYLOR, QPM FOR JUDICIAL REVIEW [2024] ScotCS CSOH_57 (17 May 2024)

The Court of Session reduced a police appeals tribunal decision for procedural unfairness and inadequate reasons in a misconduct appeal involving WhatsApp messages.

  • Procedural-fairness
  • Natural-justice
  • Adequacy-of-reasons
  • Public-confidence-in-police
  • Misconduct-and-gross-misconduct-definitions
  • Police-discipline
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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.