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Scotland decisions
Decisions matching the current search
APPLICATION TO AMEND A NOTE OF APPEAL BY HMA AGAINST JM [2023] ScotHC HCJAC_19 (12 May 2023)
The High Court of Justiciary refused the Crown’s request to amend a note of appeal to add an ECHR ground, finding no sufficient cause or clear merit.
OLA JASIM FOR JUDICIAL REVIEW OF A DECISION OF THE STUDENT AWARDS AGENCY SCOTLAND [2022] ScotCS CSOH_64 (09 September 2022)
The Court of Session held that student-support long-residence rules did not unlawfully discriminate under the ECHR and refused the judicial review.
PETITION BY NEIL ROBERTSON FOR JUDICIAL REVIEW [2022] ScotCS CSOH_45 (24 June 2022)
The court refused a judicial review as academic, holding that later unchallenged prison-management decisions meant reduction of the 2019 decision would bring no practical benefit.
PETITION TO THE NOBILE OFFICIUM BY CRAIG MURRAY AGAINST HMA [2022] ScotHC HCJAC_5 (20 January 2022)
The court held that Craig Murray’s petition to the nobile officium was competent and could proceed on all grounds, including mixed Convention and non-Convention issues.
APPEAL BY ZUO HUI XIE AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSIH_52 (21 August 2020)
The Inner House refused a Falun Gong asylum appeal, holding there was no evidence of a real risk of persecution and RT (Zimbabwe) did not apply.
AJR, APPEAL BY AJR AGAINST A DECISION OF THE UPPER TRIBUNAL [2019] ScotCS CSIH_24 (28 March 2019)
The Court of Session allowed AJR’s appeal against an Upper Tribunal asylum decision and remitted the case for reconsideration, focusing on Iraqi return documentation and internal relocation.
XY, APPEAL UNDER SECTION 164(1) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011 BY XY [2019] ScotCS CSIH_19 (27 March 2019)
The Court of Session refused an appeal challenging the Children’s Hearings relevant-person test as incompatible with Articles 6 and 8 ECHR.
ABC, PETITION OF ABC AGAINST (FIRST) PRINCIPAL REPORTER; (THIRD) THE LORD ADVOCATE [2018] ScotCS CSIH_72 (27 November 2018)
The court granted anonymity and reporting restrictions to protect a child’s identity, holding that privacy rights under Article 8 could justify limits on open justice.
SHERIFF APPEAL COURT IN THE PETITION OF THE CITY OF EDINBURGH COUNCIL, APPEAL FROM THE AGAINST GD [2018] ScotCS CSIH_52 (01 August 2018)
The Inner House held that the threshold for a permanence order is assessed at the time of decision, and upheld orders for adoption in a child protection case.
MCB , APPLICATION UNDER SECTION 13 OF THE TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 BY AGAINST REFUSAL OF PERMISSION TO APPEAL BY THE UPPER TRIBUNAL [2018] ScotCS CSIH_6 (16 January 2018)
The Court of Session granted permission to appeal, holding that the Upper Tribunal may have erred in applying the second appeals test and in assessing reasons and credibility.
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