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Criminal law [2025] HCJAC 12

References by HMA to the High Court of Judiciary in the summary prosecutions by the Procurator Fiscal Dundee against JH & LL and the Commissioner for Children and Young People in Scotland (High Court of Justiciary)

References by HMA to the High Court of Judiciary in the summary prosecutions by the Procurator Fiscal Dundee against JH & LL and the Commissioner for Children and Young People in Scotland (High Court of Justiciary) [2025] HCJAC 12 (20 February 2025)

The court issued a supplementary opinion correcting an earlier error about the statutory definition of “child” under the Criminal Procedure (Scotland) Act 1995.

  • Definition of child
  • Statutory interpretation
  • Transitional provisions
  • Uncrc application
  • Statutory-interpretation
  • Criminal-procedure
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Administrative law [2021] ScotCS CSOH_63

PETITION OF ALI ADNAN AND MRS SAIMA ADNAN FOR JUDICIAL REVIEW

PETITION OF ALI ADNAN AND MRS SAIMA ADNAN FOR JUDICIAL REVIEW [2021] ScotCS CSOH_63 (15 June 2021)

The Court of Session held that refugees’ special backdating rules for child tax credit were not displaced by Universal Credit transitional provisions.

  • Tax credits
  • Universal credit
  • Refugee entitlements
  • Transitional provisions
  • Statutory interpretation
  • Judicial-review
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Telecommunications law [2021] ScotCS CSIH_27

APPEAL BY (1) EE LTD and (2) HUTCHISON 3G UK LTD AGAINST JOHN STEWART DUNCAN

APPEAL BY (1) EE LTD and (2) HUTCHISON 3G UK LTD AGAINST JOHN STEWART DUNCAN [2021] ScotCS CSIH_27 (07 May 2021)

The Inner House held that operators seeking to replace a subsisting site agreement under the Electronic Communications Code need not show a specific, onerous technical need, and remitted the matter.

  • Electronic communications code
  • Lease renewal
  • Transitional provisions
  • Tacit relocation
  • Statutory interpretation
  • Electronic-communications-code
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Administrative law [2018] ScotCS CSOH_99

GENERAL DENTAL COUNCIL, JUDICIAL REVIEW BY DK AGAINST THE INVESTIGATING COMMITTEE OF THE GENERAL DENTAL COUNCIL

GENERAL DENTAL COUNCIL, JUDICIAL REVIEW BY DK AGAINST THE INVESTIGATING COMMITTEE OF THE GENERAL DENTAL COUNCIL [2018] ScotCS CSOH_99 (18 October 2018)

The Court of Session held that the dental regulator acted ultra vires under transitional rules and reduced the warning decision made against DK.

  • Ultra vires
  • Fitness to practice
  • Transitional provisions
  • Irrationality
  • Time bar
  • Alternative remedy
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Housing law [2018] ScotCS CSIH_23

CAVEN AGAINST IRVINE HOUSING ASSOCIATION

CAVEN AGAINST IRVINE HOUSING ASSOCIATION [2018] ScotCS CSIH_23 (29 March 2018)

The court held that a tenancy exchange ended the appellant's preserved right to buy, leaving her subject to the suspended modernised right to buy.

  • Right to buy
  • Scottish secure tenancy
  • Transitional provisions
  • Statutory interpretation
  • Right-to-buy
  • Scottish-secure-tenancy
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Immigration law [2017] ScotCS CSOH_130

FELBER & Anor v THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

FELBER & Anor v THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2017] ScotCS CSOH_130 (19 October 2017)

Judicial review of an ILR refusal under the Tier 1 (Entrepreneur) route failed; the court held the jobs had to exist during the extension period.

  • Indefinite leave to remain
  • Tier 1 (entrepreneur) visa
  • Interpretation of immigration rules
  • Exercise of discretion
  • Transitional provisions
  • Indefinite-leave-to-remain
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Housing law [2017] ScotCS CSIH_24

McCallum v The City of Edinburgh Council

McCallum v The City of Edinburgh Council [2017] ScotCS CSIH_24 (21 March 2017)

The Inner House refused an appeal over the right-to-buy discount, holding that army accommodation occupation did not preserve the higher pre-2002 discount.

  • Right to buy
  • Statutory interpretation
  • Tenancy law
  • Discount calculation
  • Transitional provisions
  • Right-to-buy
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Immigration law [2015] ScotCS CSOH_158

AA (Nigeria) v Secretary of State for the Home DepartmentAlso known as: A v Secretary of State for the Home Department Court of Session (Outer House)

AA (Nigeria) v Secretary of State for the Home DepartmentAlso known as: A v Secretary of State for the Home Department Court of Session (Outer House) [2015] ScotCS CSOH_158 (24 November 2015)

Judicial review concerning renewal of a Certificate of Application under the EEA Regulations. The court held the Secretary of State had unlawfully refused it.

  • Eea residence rights
  • Certificate of application
  • Directive 2004/38/ec
  • Deportation order
  • Judicial review
  • Right to work
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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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Immigration law [2013] ScotCS CSOH_122

TA (Turkey) (AP)(FE), Re Judicial Review

TA (Turkey) (AP)(FE), Re Judicial Review [2013] ScotCS CSOH_122 (12 July 2013)

The Court of Session held that the 2012 immigration rules applied to the petitioner’s Article 8 claim and dismissed the judicial review.

  • Article 8 echr
  • Immigration rules
  • Proportionality
  • Fresh claim
  • Transitional provisions
  • Immigration-rules
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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.