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Scotland Case Law

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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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Legal profession [2024] ScotCS CSIH_5

APPLICATION FOR LEAVE TO APPEAL BY JENNIFER CHINWO AGAINST SLCC

APPLICATION FOR LEAVE TO APPEAL BY JENNIFER CHINWO AGAINST SLCC [2024] ScotCS CSIH_5 (12 April 2024)

The Inner House refused leave to appeal against the SLCC’s handling of complaint issues about a solicitor, finding no error of law, procedural impropriety, or irrationality.

  • Professional misconduct
  • Procedural impropriety
  • Error of law
  • Appeals
  • Leave-to-appeal
  • Scottish-legal-complaints-commission
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Professional regulation [2023] ScotCS CSIH_12

APPEAL BY FEDERICO GARCIA LOPEZ DE LA TORRE AGAINST SCOTTISH LEGAL COMPLAINTS COMMISSION

APPEAL BY FEDERICO GARCIA LOPEZ DE LA TORRE AGAINST SCOTTISH LEGAL COMPLAINTS COMMISSION [2023] ScotCS CSIH_12 (23 February 2023)

The Court of Session quashed two Scottish Legal Complaints Commission eligibility decisions and remitted the complaints for reconsideration by a different case investigator.

  • Legal complaints
  • Irrationality
  • Procedural impropriety
  • Error of law
  • Statutory appeal
  • Professional-regulation
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Immigration law [2021] ScotCS CSIH_51

APPEAL BY BFH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW

APPEAL BY BFH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW [2021] ScotCS CSIH_51 (05 October 2021)

The Inner House refused BFH’s appeal, holding that no error of law was shown in the Upper Tribunal’s refusal of permission to appeal in an asylum judicial review.

  • Second appeals test
  • Error of law
  • Credibility assessment
  • Asylum refusal
  • Permission to proceed
  • Honour killing risk
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Immigration law [2021] ScotCS CSIH_43

PETITION BY HMH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

PETITION BY HMH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_43 (10 August 2021)

The Inner House refused an appeal in an asylum judicial review, holding that the tribunal's adverse credibility findings were open to it and no error of law was shown.

  • Credibility assessment in asylum claims
  • Country guidance application
  • Permission to appeal
  • Error of law
  • Internal relocation
  • Echr protection
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Immigration [2021] ScotCS CSIH_15

CM FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

CM FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_15 (24 February 2021)

The Inner House reduced an Upper Tribunal refusal of permission to appeal in an asylum judicial review, holding the risk assessment and evidence on identification were arguably flawed.

  • Asylum
  • Refugee status
  • Humanitarian protection
  • Persecution
  • Political opinion
  • Error of law
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Immigration [2021] ScotCS CSOH_15

CM FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

CM FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSOH_15 (24 February 2021)

The Inner House allowed CM’s reclaiming motion in an asylum judicial review, holding the tribunal may have erred about his ability to identify the killers.

  • Asylum
  • Refugee status
  • Humanitarian protection
  • Persecution
  • Political opinion
  • Error of law
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Administrative law [2021] ScotCS CSIH_5

APPLICATION FOR LEAVE TO APPEAL BY JOHN SWINDELLS UNDER SECTION 21 OF THE LEGAL PROFESSION AND LEGAL AID (SCOTLAND) ACT 2007 AGAINST A DECISION OF THE SCOTTISH LEGAL COMPLAINTS COMMISSION ISSUED ON 29 SEPTEMBER 2020

APPLICATION FOR LEAVE TO APPEAL BY JOHN SWINDELLS UNDER SECTION 21 OF THE LEGAL PROFESSION AND LEGAL AID (SCOTLAND) ACT 2007 AGAINST A DECISION OF THE SCOTTISH LEGAL COMPLAINTS COMMISSION ISSUED ON 29 SEPTEMBER 2020 [2021] ScotCS CSIH_5 (26 January 2021)

Leave to appeal was refused in a complaint against the Scottish Legal Complaints Commission. The court found no arguable irrationality, procedural impropriety, or factual unsupportedness.

  • Leave to appeal
  • Legal complaints
  • Procedural impropriety
  • Irrationality
  • Error of law
  • Leave-to-appeal
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Immigration law [2020] ScotCS CSOH_97

PETITION OF FERDINAND PETRUS PIETERSE FOR JUDICIAL REVIEW OF A DECISION OF THE UPPER TRIBUNAL

PETITION OF FERDINAND PETRUS PIETERSE FOR JUDICIAL REVIEW OF A DECISION OF THE UPPER TRIBUNAL [2020] ScotCS CSOH_97 (04 December 2020)

The Court of Session refused judicial review of the Upper Tribunal’s refusal of permission to appeal in an Article 8 immigration case involving an adult child and his mother.

  • Judicial review
  • Leave to remain
  • Article 8 echr
  • Family life
  • Permission to appeal
  • Error of law
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Professional regulation [2020] ScotCS CSIH_19

APPEAL BY ANDREW SMITH QC AGAINST THE SCOTTISH LEGAL COMPLAINTS COMMISSION

APPEAL BY ANDREW SMITH QC AGAINST THE SCOTTISH LEGAL COMPLAINTS COMMISSION [2020] ScotCS CSIH_19 (29 April 2020)

The Inner House partly allowed Andrew Smith QC’s appeal, quashing referral of one conduct complaint but upholding referral of three others.

  • Legal profession
  • Conduct complaints
  • Sifting function
  • Irrationality
  • Error of law
  • Professional-regulation
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About this LexChat collection

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.