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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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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Appeal under section 26 of the Extradition Act 2003 by Ghorghe Marcoci against the Lord Advocate (High Court of Justiciary)

Appeal under section 26 of the Extradition Act 2003 by Ghorghe Marcoci against the Lord Advocate (High Court of Justiciary) [2026] HCJAC 1 (15 January 2026)

The court refused an extradition appeal by Ghorghe Marcoci, rejecting claims based on asylum, Articles 5 and 6 ECHR, and new information about Romanian proceedings.

• Extradition
• European arrest warrant
• Fair trial rights
• Asylum application
• Politically motivated prosecution
• Article 5 echr

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Appeal under section 26 of the Extradition Act 2003 by Jakub Karczewski against the Lord Advocate (representing the Republic of Poland) (High Court of Justiciary)

Appeal under section 26 of the Extradition Act 2003 by Jakub Karczewski against the Lord Advocate (representing the Republic of Poland) (High Court of Justiciary) [2025] HCJAC 11 (18 February 2025)

The court refused an extradition appeal, holding the appellant had deliberately absented himself from trial and that extradition remained proportionate under Article 8.

• Extradition procedure
• Trial in absentia
• Article 6 echr
• Article 8 echr
• Deliberate absence
• Waiver of rights

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Application by David Little against HMA (High Court of Justiciary)

Application by David Little against HMA (High Court of Justiciary) [2025] HCJAC 17 (17 January 2025)

The Appeal Court refused to reinstate a challenge to jury directions on reasonable belief in consent under the Sexual Offences (Scotland) Act 2009.

• Sexual offences
• Reasonable belief in consent
• Presumption of innocence
• Burden of proof
• Article 6 echr
• Sexual-offences

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APPEALS BY WILLIAM JOHN QUARM AND OTHERS

APPEALS BY WILLIAM JOHN QUARM AND OTHERS [2024] ScotHC HCJAC_15 (30 April 2024)

Scottish appeal court quashed six Horizon-related convictions, accepting that unreliable computer evidence and disclosure failures made the prosecutions unfair.

• Miscarriage of justice
• Disclosure obligations
• Reliability of computer evidence
• Article 6 echr
• Oppression
• Fresh evidence

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RECLAIMING MOTION BY DEPUY INTERNATIONAL LTD AGAINST ELIZABETH GILCHRIST

RECLAIMING MOTION BY DEPUY INTERNATIONAL LTD AGAINST ELIZABETH GILCHRIST [2023] ScotCS CSIH_47 (28 December 2023)

The Inner House allowed a reclaiming motion against a case-management order that had appointed one lead MoM implant case and sisted other actions.

• Case management
• Group proceedings
• Defective medical products
• Statutory interpretation
• Article 6 echr
• Case-management

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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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CROWN APPEAL BY HIS MAJESTY'S ADVOCATE AGAINST SYLVIA CATHERINE MACLENNAN

CROWN APPEAL BY HIS MAJESTY'S ADVOCATE AGAINST SYLVIA CATHERINE MACLENNAN [2024] ScotHC HCJAC_26 (12 May 2023)

The Appeal Court held that exceptional delay in prosecuting an embezzlement charge breached Article 6(1) ECHR and discontinued the proceedings against the respondent.

• Unreasonable delay
• Article 6 echr
• Time bar extension
• Disclosure obligations
• Oppression
• Fair trial rights

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JOHN HALLEY FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH MINISTERS

JOHN HALLEY FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH MINISTERS [2022] ScotCS CSOH_81 (09 November 2022)

The court held the Scottish Ministers must fund legal representation before the Tribunal, but need not fund the petitioner’s separate judicial review.

• Funding of legal representation
• Judicial review
• Access to justice
• Legitimate expectation
• Eu law effectiveness
• Article 6 echr

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