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Scotland Case Law

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Immigration-law

Jharna Shital Adwani (AP) (FE) for Judicial Review

Judicial review of a refusal in a Tier 1 (Entrepreneur) extension application failed. The court held the COVID-19 concession guidance was qualified and the job-creation evidence was insufficient.

  • Tier-1-(entrepreneur)-extension-application
  • Legitimate-expectation
  • Published-policy-and-guidance
  • Job-creation-requirement
  • Adequacy-of-reasons
  • Wednesbury-irrationality
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Public-law

AB, Petitioner for Judicial Review of the decision of the Sheriff Principal of Lothian and Borders dated 26 November 2025 refusing to investigate a complaint concerning the conduct of a curator ad litem

Lady Drummond refused judicial review of the Sheriff Principal’s decision not to investigate a complaint about a curator ad litem, holding there was no error of law, unfairness, or irrationality.

  • Legitimate-expectation
  • Jurisdiction/power-to-investigate-complaint
  • Procedural-fairness
  • Irrationality/wednesbury-unreasonableness
  • Alternative-remedy
  • Court-appointed-curator-ad-litem
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Private-international-law [2026] SCEDIN 10

Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court)

Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court) [2026] SCEDIN 10 (16 January 2026)

A Scottish sheriff determined that Kenyan law governs seven work-injury claims and held that WIBA, not common law, would likely apply to claims filed during the relevant transitional period.

  • Choice-of-law
  • Work-injury-compensation
  • Statutory-interpretation
  • Legitimate-expectation
  • Jurisdiction
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Public-law [2026] CSOH 35

St Margarets Nursery LTD for Judicial Review (Court of Session)

St Margarets Nursery LTD for Judicial Review (Court of Session) [2026] CSOH 35 (18 September 2025)

The Court of Session refused permission for judicial review of Edinburgh Council’s non-renewal of an early learning and childcare agreement and dismissed the petition.

  • Judicial-review
  • Eligibility-criteria
  • Early-learning-and-childcare
  • Legitimate-expectation
  • Procedural-fairness
  • Irrationality
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Public-law [2024] CSIH 34

Redcroft Care Homes Ltd against City of Edinburgh Council

Redcroft Care Homes Ltd against City of Edinburgh Council [2024] CSIH 34 (23 October 2024)

The Inner House held that Redcroft Care Homes’ challenge to Edinburgh Council’s refusal of backdated occupancy funding was incompetent because the decision was contractual, not judicially reviewable.

  • Judicial-review
  • Supervisory-jurisdiction
  • Legitimate-expectation
  • Procedural-fairness
  • Statutory-duties-of-local-authorities
  • Contract-law
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Administrative-law [2024] CSIH 23

Appeal by Weiss Development Company LTD against the Scottish Ministers (Court of Session)

Appeal by Weiss Development Company LTD against the Scottish Ministers (Court of Session) [2024] CSIH 23 (02 August 2024)

The Inner House quashed a reporter’s decision upholding a listed-building designation, holding that the reporter failed to address the fairness of HES’s unexplained reversal.

  • Listed-buildings
  • Building-preservation-notice-(bpn)
  • Legitimate-expectation
  • Procedural-fairness
  • Judicial-review
  • Building-preservation-notice
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Public-law [2023] ScotCS CSOH_95

REDCROFT CARE HOMES LTD FOR JUDICIAL REVIEW

REDCROFT CARE HOMES LTD FOR JUDICIAL REVIEW [2023] ScotCS CSOH_95 (21 December 2023)

The Court of Session dismissed a judicial review over refusal of deficit funding for a care home, holding the decision was a commercial one outside supervisory jurisdiction.

  • Supervisory-jurisdiction
  • Legitimate-expectation
  • Procedural-fairness
  • Irrationality
  • Statutory-powers
  • Framework-agreements
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Administrative-law [2023] ScotCS CSOH_2

SCOTTISH FISHERMEN'S ORGANISATION LTD AND ANOTHER FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH MINISTERS

SCOTTISH FISHERMEN'S ORGANISATION LTD AND ANOTHER FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH MINISTERS [2023] ScotCS CSOH_2 (23 December 2022)

The Court of Session refused interim interdict in a judicial review over changes to Scottish sea fishing licence conditions, finding the balance of convenience favoured the Ministers.

  • Judicial-review
  • Licensing-conditions
  • Legitimate-expectation
  • Consultation-fairness
  • Statutory-interpretation
  • Proportionality
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Administrative-law [2022] ScotCS CSOH_81

JOHN HALLEY FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH MINISTERS

JOHN HALLEY FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH MINISTERS [2022] ScotCS CSOH_81 (09 November 2022)

The court held the Scottish Ministers must fund legal representation before the Tribunal, but need not fund the petitioner’s separate judicial review.

  • Funding-of-legal-representation
  • Judicial-review
  • Access-to-justice
  • Legitimate-expectation
  • Eu-law-effectiveness
  • Article-6-echr
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Public-law [2022] ScotCS CSOH_68

PETITION OF AB FOR JUDICIAL REVIEW

PETITION OF AB FOR JUDICIAL REVIEW [2022] ScotCS CSOH_68 (20 September 2022)

The court reduced a council decision to decommission a day service, holding that the equality duty and consultation requirements were not properly met.

  • Public-sector-equality-duty
  • Consultation
  • Legitimate-expectation
  • Judicial-review
  • Decommissioning-of-public-services
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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.