Scotland Case Law

AB, Petitioner for Judicial Review of the decision of the Sheriff Principal of Lothian and Borders dated 26 November 2025 refusing to investigate a complaint concerning the conduct of a curator ad litem

Lady Drummond refused judicial review of the Sheriff Principal’s decision not to investigate a complaint about a curator ad litem, holding there was no error of law, unfairness, or irrationality.

• Legitimate expectation
• Jurisdiction/power to investigate complaint
• Procedural fairness
• Irrationality/wednesbury unreasonableness
• Alternative remedy
• Court-appointed curator ad litem

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D FOR JUDICIAL REVIEW

D FOR JUDICIAL REVIEW [2023] ScotCS CSOH_90 (12 December 2023)

The Court of Session dismissed a police officer’s judicial review of a drug-testing investigation, holding the petition premature because disciplinary remedies had not been exhausted.

• Judicial review
• Police misconduct
• Procedural fairness
• Prematurity
• Alternative remedy
• Article 6 echr

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RECLAIMING MOTION BY TERRI McCUE for JUDICIAL REVIEW AGAINST A DECISION OF GLASGOW CITY COUNCIL

RECLAIMING MOTION BY TERRI McCUE for JUDICIAL REVIEW AGAINST A DECISION OF GLASGOW CITY COUNCIL [2020] ScotCS CSIH_51 (21 August 2020)

The Inner House held that the SPSO jurisdiction did not bar judicial review, but refused the reclaiming motion because the charging policy and DRE approach were lawful.

• Judicial review
• Alternative remedy
• Disability discrimination
• Community care charges
• Ombudsman jurisdiction
• Statutory interpretation

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A, RECLAIMING MOTION BY A AND OTHERS AGAINST GLASGOW CITY COUNCIL

A, RECLAIMING MOTION BY A AND OTHERS AGAINST GLASGOW CITY COUNCIL [2019] ScotCS CSIH_6 (24 January 2019)

The Inner House refused an appeal and upheld permission for the respondents to proceed despite a limitation problem, applying section 19A discretion.

• Discretion to disapply limitation period
• Professional negligence
• Psychological harm
• Alternative remedy
• Equitable relief
• Limitation-of-actions

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GENERAL DENTAL COUNCIL, JUDICIAL REVIEW BY DK AGAINST THE INVESTIGATING COMMITTEE OF THE GENERAL DENTAL COUNCIL

GENERAL DENTAL COUNCIL, JUDICIAL REVIEW BY DK AGAINST THE INVESTIGATING COMMITTEE OF THE GENERAL DENTAL COUNCIL [2018] ScotCS CSOH_99 (18 October 2018)

The Court of Session held that the dental regulator acted ultra vires under transitional rules and reduced the warning decision made against DK.

• Ultra vires
• Fitness to practice
• Transitional provisions
• Irrationality
• Time bar
• Alternative remedy

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MOORE, PETITION OF JAMES GERAD FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH SOLICITORS' DISCIPLINE TRIBUNAL DATED 24 OCTOBER 2014

MOORE, PETITION OF JAMES GERAD FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH SOLICITORS' DISCIPLINE TRIBUNAL DATED 24 OCTOBER 2014 [2015] ScotCS CSOH_182 (30 December 2015)

The Court of Session dismissed a judicial review of an SSDT decision, holding the petition was late, academic, and brought despite an effective appeal remedy.

• Judicial review
• Mora, taciturnity and acquiescence
• Article 6 echr (right to fair trial)
• Professional misconduct
• Alternative remedy
• Judicial-review

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CATRIONA PEAT AND DAVID KERR EXECUTORS OVER THE ESTATE OF THE LATE MARGARET GILFILLAN COLQUHOUN PEAT AGAINST ASSEMBLY THEATRE Ltd

CATRIONA PEAT AND DAVID KERR EXECUTORS OVER THE ESTATE OF THE LATE MARGARET GILFILLAN COLQUHOUN PEAT AGAINST ASSEMBLY THEATRE Ltd [2014] ScotCS CSOH_144 (25 September 2014)

Court of Session allowed a late personal injury action to proceed under section 19A, finding the equities favoured the executors despite the expired triennium.

• Limitation of actions
• Equitable discretion
• Alternative remedy
• Executor liability
• Limitation-of-actions
• Section-19a

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William Morrison Supermarkets Plc, Re Judicial Review

William Morrison Supermarkets Plc, Re Judicial Review [2010] ScotCS CSOH_66 (18 May 2010)

The Court of Session dismissed Morrisons’ judicial review as premature, holding that no justiciable decision had yet been made and that statutory review procedures existed.

• Judicial review
• Licensing (scotland) act 2005
• Duty to trade
• Prematurity
• Alternative remedy
• Judicial-review

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