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Scotland Case Law

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Administrative law [2024] ScotCS CSOH_58

PETITION OF DEPUTY POLICE CONSTABLE (DESIGNATE) FIONA TAYLOR, QPM FOR JUDICIAL REVIEW

PETITION OF DEPUTY POLICE CONSTABLE (DESIGNATE) FIONA TAYLOR, QPM FOR JUDICIAL REVIEW [2024] ScotCS CSOH_58 (17 May 2024)

The Court of Session reduced a Police Appeals Tribunal decision for inadequate reasons and reliance on irrelevant considerations in a police misconduct appeal.

  • Judicial review of disciplinary tribunal
  • Police misconduct
  • Adequacy of reasons
  • Relevant and irrelevant considerations
  • Sanction in police discipline
  • Procedural fairness
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Administrative law [2019] ScotCS CSOH_35

SHORT AND PC ALAN PATON AGAINST DECISIONS OF THE SCOTTISH POLICE AUTHORITY

SHORT AND PC ALAN PATON AGAINST DECISIONS OF THE SCOTTISH POLICE AUTHORITY [2019] ScotCS CSOH_35 (05 April 2019)

The Court of Session reduced the Scottish Police Authority’s refusal to permit two officers to retire on medical grounds, finding the decisions irrational.

  • Medical retirement
  • Irrationality
  • Relevant and irrelevant considerations
  • Public interest
  • Police pension regulations
  • Judicial-review
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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.