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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
  • Placing-request
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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
  • Short-term-let-licensing
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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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Administrative law [2024] ScotCS CSOH_58

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_58 (17 May 2024)

The Court of Session reduced a Police Appeals Tribunal decision for inadequate reasons and reliance on irrelevant considerations in a police misconduct appeal.

  • Judicial review of disciplinary tribunal
  • Police misconduct
  • Adequacy of reasons
  • Relevant and irrelevant considerations
  • Sanction in police discipline
  • Procedural fairness
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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
  • Procedural-fairness
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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.