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Scotland Case Law

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Data protection

Joseph Henderson against The Scottish Ministers

The court held that the wrong document delivered was the Parole Board decision letter, not the minute, and that Joseph Henderson proved no compensable damage.

  • Wrongful disclosure of prison parole documents
  • Uk gdpr
  • Data protection act 2018
  • Article 8 echr
  • Compensation for non-material damage
  • Causation and proof of loss
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Immigration law

Abdul Munim for Judicial Review

Petition for judicial review of an Upper Tribunal refusal of permission to appeal was refused as incompetent under section 11A of the 2007 Act.

  • Permission to appeal
  • Section 11a of the tribunals, courts and enforcement act 2007
  • Natural justice
  • Procedural defect
  • Article 8 echr
  • Upper tribunal
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Extradition law [2026] HCJAC 15

Application for leave to appeal under section 26 of the Extradition Act 2003 by Krzysztof Romanik against The Lord Advocate for the Polish Judicial Authority (High Court of Justiciary)

Application for leave to appeal under section 26 of the Extradition Act 2003 by Krzysztof Romanik against The Lord Advocate for the Polish Judicial Authority (High Court of Justiciary) [2026] HCJAC 15 (06 May 2026)

Leave to appeal against extradition to Poland was refused. The court rejected arguments based on section 21A, mental health under section 25, and Article 8 ECHR.

  • Extradition
  • Article 8 echr
  • Mental health and extradition
  • Proportionality
  • Unjust or oppressive extradition
  • Passage of time in extradition
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Public law [2026] CSOH 38

Petition of William Frederick Ian Beggs for Judicial Review of acts of prison authorities in opening and reading his correspondence without reasonable cause and for delays in providing him with his correspondence (Court of Session)

Petition of William Frederick Ian Beggs for Judicial Review of acts of prison authorities in opening and reading his correspondence without reasonable cause and for delays in providing him with his correspondence (Court of Session) [2026] CSOH 38 (15 April 2026)

The Court of Session refused judicial review by a prisoner challenging how prison authorities handled mail, including seizure, categorisation, and delivery delays.

  • Prisoner correspondence
  • Article 8 echr
  • Proportionality
  • Confidential correspondence
  • Operational policy
  • Judicial review
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Criminal law [2026] SACCRIM 8

MH against Procurator Fiscal, Glasgow (Sheriff Appeal Court Criminal)

MH against Procurator Fiscal, Glasgow (Sheriff Appeal Court Criminal) [2026] SACCRIM 8 (02 April 2026)

The Sheriff Appeal Court refused an appeal against refusal to vary a non-harassment order to permit contact with a child, holding there was no material change of circumstances.

  • Non-harassment orders
  • Domestic abuse
  • Contact with children
  • Article 8 echr
  • Uncrc compliance
  • Variation of orders
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Criminal law [2026] HCJAC 1

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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Extradition [2025] HCJAC 33

Application for Leave to Appeal under Section 26 of the Extradition Act 2003 by Przemyslaw Lukasz Pojda against the Lord Advocate, representing the Republic of Poland (High Court of Justiciary)

Application for Leave to Appeal under Section 26 of the Extradition Act 2003 by Przemyslaw Lukasz Pojda against the Lord Advocate, representing the Republic of Poland (High Court of Justiciary) [2025] HCJAC 33 (12 August 2025)

The Appeal Court of the High Court of Justiciary refused leave to appeal against extradition to Poland, rejecting an Article 8 family life challenge.

  • European arrest warrant
  • Article 8 echr
  • Passage of time
  • Oppression
  • Family life
  • Extradition
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Family law [2025] SACCIV 20

CO against TL (Sheriff Appeal Court Civil)

CO against TL (Sheriff Appeal Court Civil) [2025] SACCIV 20 (17 July 2025)

Appeal refused in a child residence and relocation dispute. The court upheld orders allowing the child to live with the father in Denmark and rejected errors of law and fact.

  • Residence order
  • Specific issue order
  • Child relocation
  • Hague convention
  • Section 11 children (scotland) act 1995
  • Article 8 echr
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Housing law [2025] SCHAM 59

South Lanarkshire Council v Victoria Murphy (Sheriff Court Civil)

South Lanarkshire Council v Victoria Murphy (Sheriff Court Civil) [2025] SCHAM 59 (10 June 2025)

The sheriff granted South Lanarkshire Council decree for recovery of possession against a tenant convicted of a serious drug offence, holding eviction proportionate under Article 8.

  • Eviction
  • Streamlined eviction procedure
  • Public sector equality duty
  • Proportionality
  • Article 8 echr
  • Reasonable adjustments
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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.