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Scotland Case Law

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Administrative law

ScottishPower Renewables (UK) Limited against The Scottish Ministers

Judicial review of refusal of consent for the Carrick Forest wind farm failed. The court held the Ministers had adequate inquiry, reasons, and a rational basis.

  • Duty of inquiry
  • Relevant considerations
  • Reasons for decision
  • Wind farm consent
  • Aviation lighting mitigation
  • Aircraft detection and obstacle lighting system (adls)
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Administrative law

RA against Scottish Social Services Council

The sheriff refused a statutory appeal against a fitness to practise decision, holding that adjournment and absence complaints failed, and that evidential errors did not vitiate the result.

  • Fitness to practise
  • Adjournment
  • Hearing in absence
  • Witness evidence
  • Reasons for decision
  • Fair hearing
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Construction law [2019] ScotCS CSOH_110

BABCOCK MARINE (CLYDE) LTD AGAINST HS BARRIER COATINGS LTD

BABCOCK MARINE (CLYDE) LTD AGAINST HS BARRIER COATINGS LTD [2019] ScotCS CSOH_110 (27 December 2019)

Court of Session enforcement action over an adjudicator’s award. The judge upheld the sufficiency of reasons and most grounds, but allowed inquiry on undisclosed quantity surveyor assistance.

  • Adjudication enforcement
  • Natural justice
  • Reasons for decision
  • Breach of contract
  • Termination of contract
  • Adjudication-enforcement
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Public law [2013] ScotCS CSOH_83

AS, Re Judicial Review

AS, Re Judicial Review [2013] ScotCS CSOH_83 (30 May 2013)

The Court of Session reduced a tribunal’s 40% deduction from a criminal injuries award, holding that the decision was unreasonable, inadequately reasoned, and unfair.

  • Judicial review
  • Natural justice
  • Criminal injuries compensation
  • Reasons for decision
  • Procedural fairness
  • Judicial-review
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Administrative law [2008] ScotCS CSOH_96

Wilson, Chief Constable of Fife Constabulary, Re Judicial Review

Wilson, Chief Constable of Fife Constabulary, Re Judicial Review [2008] ScotCS CSOH_96 (01 July 2008)

The Court of Session reduced a Police Appeals Tribunal decision and remitted the appeal for rehearing, holding the tribunal had erred in overturning the misconduct finding.

  • Judicial review of tribunal decisions
  • Police misconduct proceedings
  • Standard of proof in disciplinary hearings
  • Appellate review of fact-finding
  • Reasons for decision
  • Judicial-review
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Immigration law [2000] ScotCS 130

Kazmi v Secrtary Of State For The Home Department

Kazmi v Secrtary Of State For The Home Department [2000] ScotCS 130 (19 May 2000)

Court of Session refused an asylum appeal, holding there was no legal error in the tribunal’s treatment of credibility, reasons, or standard of proof.

  • Standard of review
  • Credibility assessment
  • Refugee status
  • Grounds of appeal
  • Reasons for decision
  • Asylum-law
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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.