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Scotland Case Law

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Family law [2026] SCOH 1

Petition of City of Edinburgh Council for a permanence order with ancillary provisions and authority for the child to be adopted in terms of section 80 of the Adoption and Children (Scotland) Act 2007 In respect of the child X (Court of Session)

Petition of City of Edinburgh Council for a permanence order with ancillary provisions and authority for the child to be adopted in terms of section 80 of the Adoption and Children (Scotland) Act 2007 In respect of the child X (Court of Session) [2026] SCOH 1 (13 January 2026)

Court of Session granted a permanence order and authority to adopt a child with complex neurodivergent needs, finding return to the mother would be seriously detrimental.

  • Permanence orders
  • Adoption
  • Parental rights and responsibilities
  • Dispensing with parental consent
  • Child welfare
  • Neurodivergence and special needs
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Administrative law [2024] CSIH 28

Application for leave to appeal by LM against the Advocate General for Scotland (Court of Session)

Application for leave to appeal by LM against the Advocate General for Scotland (Court of Session) [2024] CSIH 28 (19 September 2024)

The Court of Session refused leave to appeal, holding that LM’s grounds challenged First-tier Tribunal findings rather than any arguable error in the Upper Tribunal’s Rule 43 decision.

  • Child maintenance
  • Appeals from tribunals
  • Procedural irregularity
  • Permission to appeal
  • Excluded decisions
  • Tribunal-procedure
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Criminal law [2024] ScotSAC Crim 6

BILL OF SUSPENSION BY ANDREW GIBLIN v PF GLASGOW

BILL OF SUSPENSION BY ANDREW GIBLIN v PF GLASGOW [2024] ScotSAC Crim 6 (31 May 2024)

The Sheriff Appeal Court refused a bill of suspension brought by Andrew Giblin against PF Glasgow, holding there was no material procedural irregularity.

  • Bill of suspension
  • Procedural irregularity
  • Bill-of-suspension
  • Procedural-irregularity
  • Criminal-procedure
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Criminal law [2024] ScotHC HCJAC_18

BILL OF ADVOCATION BY MACKENZIE FRED ANDREW HORNER AGAINST HMA

BILL OF ADVOCATION BY MACKENZIE FRED ANDREW HORNER AGAINST HMA [2024] ScotHC HCJAC_18 (02 May 2024)

The court held that notification under the Sexual Offences Act 2003 follows automatically from conviction and that no interim notification order was competent.

  • Notification requirements
  • Indecent images of children
  • Procedural irregularity
  • Certification under sexual offences act 2003
  • Sexual-offences-act-2003
  • Notification-requirements
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Criminal law [2024] ScotSAC Crim 2

BILL OF SUSPENSION BY JASON BUCHANAN v PF HAMILTON

BILL OF SUSPENSION BY JASON BUCHANAN v PF HAMILTON [2024] ScotSAC Crim 2 (10 April 2024)

The Sheriff Appeal Court refused a bill of suspension, holding there was no material procedural irregularity and no breach of the applicant’s rights.

  • Bill of suspension
  • Procedural irregularity
  • Criminal procedure
  • Bill-of-suspension
  • Procedural-irregularity
  • Criminal-procedure
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Public law [2024] ScotCS CSIH_1

GALBRAITH TRAWLERS LTD AGAINST THE ADVOCATE GENERAL FOR SCOTLAND (AS REPRESENTING THE HOME OFFICE)

GALBRAITH TRAWLERS LTD AGAINST THE ADVOCATE GENERAL FOR SCOTLAND (AS REPRESENTING THE HOME OFFICE) [2024] ScotCS CSIH_1 (10 January 2024)

The Inner House refused the appeal, holding that damages for unlawful detention of fishing vessels were not limited to nominal damages on this record.

  • Unlawful detention of property
  • Statutory interpretation
  • Damages assessment
  • Causation
  • Procedural irregularity
  • Unlawful-detention
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Family law [2022] ScotCS CSIH_50

APPEAL BY STATED CASE BY LO AND EO AGAINST ANNE MARIE McGINLEY, LOCALITY REPORTER MANAGER, SCOTTISH CHILDREN'S REPORTER ADMINISTRATION

APPEAL BY STATED CASE BY LO AND EO AGAINST ANNE MARIE McGINLEY, LOCALITY REPORTER MANAGER, SCOTTISH CHILDREN'S REPORTER ADMINISTRATION [2022] ScotCS CSIH_50 (22 November 2022)

The Inner House held that jurisdiction had already been established, refused to revisit it, and found no error in declining to seek an Article 15 transfer to Italy.

  • Habitual residence
  • Jurisdiction of children's hearings
  • Transfer of proceedings under brussels ii bis
  • Compulsory supervision orders
  • Procedural irregularity
  • Children-protection
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Criminal law [2019] ScotSAC Crim 7

CROWN BILL OF ADVOCATION AT THE INSTANCE OF PROCURATOR FISCAL DUNDEE v PHP

CROWN BILL OF ADVOCATION AT THE INSTANCE OF PROCURATOR FISCAL DUNDEE v PHP [2019] ScotSAC Crim 7 (08 August 2019)

The Sheriff Appeal Court allowed the Crown appeal, set aside the sheriff’s decision, and remitted the case for reconsideration of bail revocation.

  • Bill of advocation
  • Bail
  • Procedural irregularity
  • Bill-of-advocation
  • Criminal-procedure
  • Procedural-irregularity
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Family law [2017] ScotSAC Civ 36

SPENCE, APPEAL BY STATED CASE BY , LOCALITY REPORTER MANAGER IN RESPECT OF THE CHILD "H"

SPENCE, APPEAL BY STATED CASE BY , LOCALITY REPORTER MANAGER IN RESPECT OF THE CHILD "H" [2017] ScotSAC Civ 36 (04 October 2017)

The Sheriff Appeal Court refused an appeal by stated case in a children’s hearings matter, holding there was no material procedural irregularity and the grounds of referral were adequately considered.

  • Children's hearings
  • Grounds of referral
  • Procedural irregularity
  • Childrens-hearings
  • Procedural-fairness
  • Child-protection
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Family law [2015] ScotSC 09_5

ANNE MARIE MCGINLEY AGAINST IN & RN

ANNE MARIE MCGINLEY AGAINST IN & RN [2015] ScotSC 09_5 (21 August 2015)

Appeal in a child protection matter allowed: a mislabelled children’s hearing decision was a procedural irregularity, but not one causing prejudice.

  • Children's hearings
  • Compulsory supervision orders
  • Procedural irregularity
  • Transitional provisions
  • Child-protection
  • Childrens-hearings
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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.