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Scotland Case Law

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Administrative-law

RA against Scottish Social Services Council

The sheriff refused a statutory appeal against a fitness to practise decision, holding that adjournment and absence complaints failed, and that evidential errors did not vitiate the result.

  • Fitness-to-practise
  • Adjournment
  • Hearing-in-absence
  • Witness-evidence
  • Reasons-for-decision
  • Fair-hearing
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Civil-procedure [2022] ScotCS CSIH_52

RECLAIMING MOTIONS BY B AND W AGAINST THE CONGREGATION OF THE SISTERS OF NAZARETH

RECLAIMING MOTIONS BY B AND W AGAINST THE CONGREGATION OF THE SISTERS OF NAZARETH [2022] ScotCS CSIH_52 (24 November 2022)

The Inner House allowed appeals in childhood abuse actions, holding that a fair hearing remained possible and that the defender had not shown substantial prejudice.

  • Limitation-periods-for-childhood-abuse
  • Retrospective-application-of-limitation-reforms
  • Fair-hearing-under-section-17d(2)
  • Substantial-prejudice-under-section-17d(3)
  • Childhood-abuse
  • Limitation-law
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Professional-regulation [2021] ScotCS CSIH_54

APPEAL BY JAMES CRAIGIE TANNAHIL THOMSON AGAINST THE ARCHITECT REGISTRATION BOARD

APPEAL BY JAMES CRAIGIE TANNAHIL THOMSON AGAINST THE ARCHITECT REGISTRATION BOARD [2021] ScotCS CSIH_54 (08 October 2021)

The Inner House refused an architect’s appeal against erasure, holding that proceeding in his absence was fair and the sanction was not excessive.

  • Unacceptable-professional-conduct
  • Fair-hearing
  • Sanctions
  • Adjournment
  • Procedural-fairness
  • Architects-act-1997
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Administrative-law [2014] ScotCS CSIH_100

Mowbray v The Scottish Ministers and Fife Council

Mowbray v The Scottish Ministers and Fife Council [2014] ScotCS CSIH_100 (25 November 2014)

An appeal against confirmation of a compulsory purchase order for a derelict listed house was refused. The court held the reporter gave adequate reasons and the process was fair.

  • Compulsory-purchase
  • Listed-buildings
  • Land-compensation
  • Fair-hearing
  • Procedural-fairness
  • Compulsory-purchase-order
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Contract-law [2011] ScotSC 143

FRANCES DOUGLAS THOMPSON v. DAVID AND STEPHANIE-ANNE HARRIS

FRANCES DOUGLAS THOMPSON v. DAVID AND STEPHANIE-ANNE HARRIS [2011] ScotSC 143 (02 September 2011)

The Sheriff Principal refused an appeal over an oral property-related agreement, holding the sheriff was entitled to prefer the defenders’ evidence and make no award due.

  • Oral-contracts
  • Sale-of-property
  • Fixtures-and-fittings
  • Proof-and-evidence
  • Appeal-procedure
  • Expenses
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Contract-law [2011] ScotSC 145

FRANCES DOUGLAS THOMPSON v. DAVID AND STEPHANIE-ANNE HARRIS

FRANCES DOUGLAS THOMPSON v. DAVID AND STEPHANIE-ANNE HARRIS [2011] ScotSC 145 (02 September 2011)

The Sheriff Principal refused an appeal in a property-payment dispute, upholding findings that ÂŁ21,000 related to moveables and that no sum remained due.

  • Oral-contracts
  • Sale-of-heritable-property
  • Fixtures-and-fittings
  • Stamp-duty-avoidance
  • Burden-of-proof
  • Fair-hearing
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Mental-health-law [2011] ScotSC 110

J.G. v. MENTAL HEALTH TRIBUNAL FOR SCOTLAND

J.G. v. MENTAL HEALTH TRIBUNAL FOR SCOTLAND [2011] ScotSC 110 (17 June 2011)

The sheriff principal refused an appeal against a Mental Health Tribunal decision varying a compulsory treatment order, rejecting claims of procedural unfairness and irrationality.

  • Compulsory-treatment-order
  • Procedural-impropriety
  • Judicial-discretion
  • Privacy-of-tribunal-hearings
  • Fair-hearing
  • Mental-health-law
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Family-law [2011] ScotSC 27

A v. B

A v. B [2011] ScotSC 27 (11 May 2011)

Appeal allowed against a final child residence order made without hearing the parties or disclosing the report relied on, breaching fairness requirements.

  • Child-residence
  • Welfare-of-the-child
  • Right-to-a-fair-hearing
  • Interim-and-final-orders
  • Referral-to-children's-reporter
  • Child-welfare-hearing
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Criminal-law

Beck & Ors, Re Petitions To The Nobile Officium

Beck & Ors, Re Petitions To The Nobile Officium [2010] Scothc Hcjac_8 (29 January 2010)

The court held that the nobile officium cannot be used to reopen final criminal appeal decisions, and dismissed all five petitions as incompetent.

  • Finality-of-criminal-appeals
  • Nobile-officium-jurisdiction
  • Human-rights-act-1998-procedures
  • Judicial-review
  • Right-to-fair-hearing
  • Statutory-interpretation
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Civil-procedure [2004] ScotCS 254

Mahechani v. Scottish Ambulance Service

Mahechani v. Scottish Ambulance Service [2004] ScotCS 254 (25 November 2004)

The Court of Session refused an appeal against dismissal for failure to find caution, upholding the sheriff principal’s discretion and rejecting a fair-hearing challenge.

  • Caution-for-expenses
  • Racial-discrimination
  • Human-rights
  • Appeal-dismissal
  • Fair-hearing
  • Civil-procedure
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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.