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Scotland Case Law

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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] CSOH 31

Mohammed Ameen Mirza against The Lord Advocate and another (Court of Session)

Mohammed Ameen Mirza against The Lord Advocate and another (Court of Session) [2026] CSOH 31 (27 March 2026)

The Court of Session refused an interim order for return of cash seized under POCA, holding that any challenge to the seizure should be pursued by judicial review or in forfeiture proceedings.

  • Proceeds of crime act 2002
  • Forfeiture of cash
  • Interim possession orders
  • Abuse of process
  • Judicial review
  • Seizure of property
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Administrative law [2026] CSOH 25

Petition of Allanvale Homes (Prestwick) for Judicial Review (Court of Session)

Petition of Allanvale Homes (Prestwick) for Judicial Review (Court of Session) [2026] CSOH 25 (10 March 2026)

The Court of Session refused judicial review of South Ayrshire Council’s decision not to approve funding for the Corton development, finding the report and reasons lawful.

  • Judicial review
  • Subsidy control
  • Best value duty
  • Public contracts regulations
  • Decision-making by local authorities
  • Judicial-review
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Public law [2026] CSOH 20

Petition of JH against The Scottish Ministers (Court of Session)

Petition of JH against The Scottish Ministers (Court of Session) [2026] CSOH 20 (06 March 2026)

The Court of Session refused judicial review by a prisoner who said he was denied rehabilitation because he maintained his innocence. The court found no Article 5 breach.

  • Article 5 echr
  • Rehabilitation of prisoners
  • Denial of guilt and prisoner progression
  • Judicial review
  • Wednesbury unreasonableness
  • Article-5-echr
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Environmental law [2026] CSOH 17

Petition of Restore Nature LTD for Judicial Review of a screening decision dated 23 December 2024 by Scottish Forestry (Court of Session)

Petition of Restore Nature LTD for Judicial Review of a screening decision dated 23 December 2024 by Scottish Forestry (Court of Session) [2026] CSOH 17 (03 March 2026)

The Court of Session reduced a forestry screening decision after finding flawed landscape reasoning and failure to properly address risks to the northern brown argus butterfly.

  • Environmental impact assessment
  • Forestry regulation
  • Judicial review
  • Landscape evaluation
  • Biodiversity protection
  • Judicial-review
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Administrative law [2026] SCDUNF 47

North Queensferry Community Trust v Scottish Ministers & Others (Sheriff Court Civil)

North Queensferry Community Trust v Scottish Ministers & Others (Sheriff Court Civil) [2026] SCDUNF 47 (23 February 2026)

The sheriff allowed a community right to buy appeal, holding the Ministers acted unfairly and gave inadequate reasons when refusing consent for the Albert Hotel application.

  • Judicial review
  • Procedural fairness
  • Right to buy land
  • Sustainable development
  • Community ownership
  • Judicial-review
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Public law [2026] CSIH 4

Dastan Ibrahimi against Glasgow City Council (Court of Session)

Dastan Ibrahimi against Glasgow City Council (Court of Session) [2026] CSIH 4 (20 January 2026)

The Inner House held an age assessment challenge was not academic, but refused reduction of Glasgow City Council’s decision on reasons, fairness, irrationality and inquiry grounds.

  • Age assessment
  • Procedural fairness
  • Adequate reasons
  • Irrationality
  • Tameside duty
  • Judicial review
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Administrative law [2026] SCINV 24

Aldi Stores LTD against The Highland Licensing Board (Sheriff Court Civil)

Aldi Stores LTD against The Highland Licensing Board (Sheriff Court Civil) [2026] SCINV 24 (19 December 2025)

The sheriff principal refused Aldi’s appeal against Highland Licensing Board’s refusal to vary an alcohol licence, upholding the board’s policy and consultation process.

  • Licensing policy
  • Judicial review
  • Natural justice
  • Consultation process
  • Discretion of public bodies
  • Licensing-law
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Mental health law [2025] SCHAM 72

DR against Mental Health Tribunal for Scotland (Sheriff Court Civil)

DR against Mental Health Tribunal for Scotland (Sheriff Court Civil) [2025] SCHAM 72 (24 September 2025)

The sheriff principal refused an appeal against confirmation of a compulsory treatment order, holding that failure to hold a section 101 review did not automatically invalidate the order.

  • Compulsory treatment orders
  • Statutory interpretation
  • Procedural compliance
  • Article 5 echr
  • Judicial review
  • Compulsory-treatment-orders
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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.