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Administrative law [2026] CSIH 15

The Scottish Ministers against The Scottish Information Commissioner (Court of Session)

The Scottish Ministers against The Scottish Information Commissioner (Court of Session) [2026] CSIH 15 (26 March 2026)

The Inner House held that the Information Commissioner erred in ordering disclosure of privileged legal advice, allowing the Ministers’ appeal.

  • Freedom of information
  • Legal professional privilege
  • Public interest test
  • Statutory interpretation
  • Freedom-of-information
  • Legal-professional-privilege
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Information law [2026] ScotIC 033_2026

City of Edinburgh Council (Legal advice relating to the use of the Visitor Levy)

City of Edinburgh Council (Legal advice relating to the use of the Visitor Levy) [2026] ScotIC 033_2026 (02 March 2026)

The Commissioner refused disclosure of legal advice about the Visitor Levy, holding it was protected by legal professional privilege and exempt from release.

  • Freedom of information
  • Legal professional privilege
  • Visitor levy
  • Freedom-of-information
  • Legal-professional-privilege
  • Visitor-levy
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Information law [2026] ScotIC 031_2026

Scottish Ministers (Legal advice: Deposit Return Scheme)

Scottish Ministers (Legal advice: Deposit Return Scheme) [2026] ScotIC 031_2026 (27 February 2026)

The Scottish Information Commissioner partially upheld an appeal over legal advice on the Deposit Return Scheme, ordering disclosure of some material while allowing privilege to protect the rest.

  • Freedom of information
  • Legal professional privilege
  • Environmental regulation
  • Deposit return scheme
  • Freedom-of-information
  • Legal-professional-privilege
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Administrative law [2025] ScotIC 128_2025

Scottish Ministers (Legal advice)

Scottish Ministers (Legal advice) [2025] ScotIC 128_2025 (26 May 2025)

The Scottish Information Commissioner held that legal advice held by Scottish Ministers was exempt from disclosure under legal professional privilege and upheld the refusal.

  • Access to information
  • Legal professional privilege
  • Freedom-of-information
  • Legal-professional-privilege
  • Access-to-information
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Information law [2025] ScotIC 099_2025

Lanarkshire Health Board (Legal advice from Central Legal Office in relation to successor organisation of Lloyds Pharmacy)

Lanarkshire Health Board (Legal advice from Central Legal Office in relation to successor organisation of Lloyds Pharmacy) [2025] ScotIC 099_2025 (28 April 2025)

The Scottish Information Commissioner held that legal advice sought by Lanarkshire Health Board was exempt from disclosure under legal professional privilege and dismissed the appeal.

  • Freedom of information
  • Legal professional privilege
  • Public authority obligations
  • Freedom-of-information
  • Legal-professional-privilege
  • Public-authority-obligations
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Information law [2025] ScotIC 041_2025

The Scottish Public Services Ombudsman (Legal advice relating to the Scottish Public Services Ombudsman Act 2002)

The Scottish Public Services Ombudsman (Legal advice relating to the Scottish Public Services Ombudsman Act 2002) [2025] ScotIC 041_2025 (19 February 2025)

The Scottish Information Commissioner held that legal advice relating to the Scottish Public Services Ombudsman Act 2002 was protected by legal professional privilege and exempt from disclosure.

  • Freedom of information
  • Legal professional privilege
  • Public sector transparency
  • Freedom-of-information
  • Legal-professional-privilege
  • Public-sector-transparency
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Public procurement [2024] CSOH 90

Roche Diagnostics LTD against Greater Glasgow Health Board and Abbott Laboratories LTD (Court of Session)

Roche Diagnostics LTD against Greater Glasgow Health Board and Abbott Laboratories LTD (Court of Session) [2024] CSOH 90 (20 September 2024)

The court held that disclosed papers summarising legal advice waived privilege over that advice, while 'without prejudice' objections do not bar document recovery in Scots law.

  • Legal professional privilege
  • Waiver of privilege
  • Without prejudice privilege
  • Document disclosure
  • Admissibility of evidence
  • Legal-professional-privilege
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Professional regulation [2022] ScotCS CSIH_54

THE SCOTTISH LEGAL COMPLAINTS COMMISSION AGAINST DONALD RODERICK MURRAY AND JAMES ANTHONY McCUSKER

THE SCOTTISH LEGAL COMPLAINTS COMMISSION AGAINST DONALD RODERICK MURRAY AND JAMES ANTHONY McCUSKER [2022] ScotCS CSIH_54 (09 December 2022)

The Inner House held that a section 17 notice under the 2007 Act overrides ordinary confidentiality, but not legal professional privilege, when requiring production to the Scottish Legal Complaints Commission.

  • Legal professional privilege
  • Duty of confidentiality
  • Statutory powers of investigation
  • Legal-professional-privilege
  • Duty-of-confidentiality
  • Professional-regulation
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Legal profession regulation [2022] ScotCS CSIH_46

PETITION OF THE SCOTTISH LEGAL COMPLAINTS COMMISSION AGAINST DONALD RODERICK MURRAY AND ANOTHER

PETITION OF THE SCOTTISH LEGAL COMPLAINTS COMMISSION AGAINST DONALD RODERICK MURRAY AND ANOTHER [2022] ScotCS CSIH_46 (11 October 2022)

The Inner House held that the Scottish Legal Complaints Commission could not compel production of material covered by legal professional privilege under the 2007 Act.

  • Legal professional privilege
  • Statutory interpretation
  • Confidentiality
  • Waiver of privilege
  • Complaints against legal practitioners
  • Legal-professional-privilege
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Information law [2022] ScotIC 043_2022

Children's Hearings Scotland (Legal advice)

Children's Hearings Scotland (Legal advice) [2022] ScotIC 043_2022 (13 April 2022)

The Scottish Information Commissioner upheld withholding legal advice held by Children's Hearings Scotland, finding it exempt under section 36(1) of FOISA because of legal professional privilege.

  • Freedom of information
  • Legal professional privilege
  • Freedom-of-information
  • Legal-professional-privilege
  • Information-law
  • Administrative-law
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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.

Source links and collection timestamps are retained alongside the indexed records.