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Scotland Case Law

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Administrative law [2026] SCEDIN 31

Petrea Cooney against City of Edinburgh Council (Sheriff Court Civil)

Petrea Cooney against City of Edinburgh Council (Sheriff Court Civil) [2026] SCEDIN 31 (13 March 2026)

The Sheriff Court dismissed a challenge to Edinburgh Council’s refusal to renew a short-term let licence, holding the decision was lawful, rational, and adequately reasoned.

  • Short term let licensing
  • Statutory appeals
  • Public nuisance
  • Suitability of premises
  • Adequacy of reasons
  • Short-term-let-licensing
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Administrative law [2026] SCABE 18

Kirk Harrison against Aberdeen City Council (Sheriff Court Civil)

Kirk Harrison against Aberdeen City Council (Sheriff Court Civil) [2026] SCABE 18 (18 December 2025)

A sheriff refused a statutory appeal against refusal of a short-term let licence, holding the committee was entitled to rely on possible undue public nuisance.

  • Short-term let licensing
  • Public nuisance
  • Statutory appeals
  • Local authority discretion
  • Short-term-let-licensing
  • Public-nuisance
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Administrative law [2000] ScotCS 199

Partnership of Myriam Pierette Maresq & Hafid Mahboubi (t/a La Belle Angele) & Anor, Re Application For Judicial Review

Partnership of Myriam Pierette Maresq & Hafid Mahboubi (t/a La Belle Angele) & Anor, Re Application For Judicial Review [2000] ScotCS 199 (14 July 2000)

The Court of Session reduced a licensing board decision limiting late-night hours where the board relied on fly-posting by promoters, an irrelevant and unsupported basis.

  • Judicial review
  • Licensing decisions
  • Public nuisance
  • Statutory interpretation
  • Judicial-review
  • Licensing-law
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Administrative law [2000] ScotCS 51

Akrami v City Of Glasgow Licensing Board

Akrami v City Of Glasgow Licensing Board [2000] ScotCS 51 (1 March 2000)

The Court of Session dismissed an appeal against refusal to renew an off-sales licence, holding that the public nuisance ground under section 17(1)(c) stood independently of errors on fitness under section 17(1)(a).

  • Renewal of off-sales licence
  • Fit and proper person test
  • Public nuisance
  • Natural justice
  • Burden of proof in licensing decisions
  • Licensing-law
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Tort law [1922] ScotLR 329

Glasgow Corporation v. Barclay, Curle, & Co., Ltd

Glasgow Corporation v. Barclay, Curle, & Co., Ltd [1922] ScotLR 329 (18 March 1922)

The Court of Session held that heavy boiler traffic causing exceptional street wear was not, on these facts, an actionable abuse of the streets at common law.

  • Liability for damage to public streets
  • Extraordinary traffic
  • Public nuisance
  • Negligence
  • Common law liability
  • Use and abuse of public highways
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Date unavailable
Administrative law [1999] ScotSC 8

MRS. MARGARET CARR BAXTER v. CENTRAL FIFE DIVISIONAL LICENSING BOARD and THE CHIEF CONSTABLE OF FIFE CONSTABULARY

MRS. MARGARET CARR BAXTER v. CENTRAL FIFE DIVISIONAL LICENSING BOARD and THE CHIEF CONSTABLE OF FIFE CONSTABULARY [1999] ScotSC 8 (15th April, 1999)

The first defenders erred in law by applying an absolute standard of responsibility to the licence holder without requiring evidence of knowledge or culpability, and by equating any illegal activity with a threat to public order or safety. The process was also tainted by a breach of natural justice due to the chairman's remarks, which created an appearance of bias.

  • Suspension of licence
  • Fit and proper person test
  • Natural justice
  • Misuse of drugs act
  • Public nuisance
  • Discretion of licensing boards
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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.