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Scotland Case Law

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Civil procedure

Angela Gordon against Social Care and Social Work Improvement Scotland

The Sheriff Appeal Court refused Angela Gordon’s appeal, holding that her loss averments lacked specification and relevancy. It also upheld dismissal of her negligence, defamation and human-rights claims.

  • Specification and relevancy
  • Time bar/prescription
  • Misfeasance in public office
  • Negligence duty of care
  • Defamation
  • Regulatory powers of the care inspectorate
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Information law [2026] ScotIC 022_2026

City of Edinburgh Council (Policy documents relating to practices to follow regarding unaccompanied asylum-seeking children)

City of Edinburgh Council (Policy documents relating to practices to follow regarding unaccompanied asylum-seeking children) [2026] ScotIC 022_2026 (19 February 2026)

The Scottish Information Commissioner partially upheld a request for policy documents about practices for unaccompanied asylum-seeking children, ordering disclosure of non-exempt material.

  • Freedom of information
  • Public authority disclosure
  • Child protection
  • Freedom-of-information
  • Public-authority-disclosure
  • Child-protection
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Criminal law [2026] HCJAC 4

Crown Appeal against Sentence by His Majesty's Advocate against CM (High Court of Justiciary)

Crown Appeal against Sentence by His Majesty's Advocate against CM (High Court of Justiciary) [2026] HCJAC 4 (30 January 2026)

The Appeal Court held that a 3-year sentence for historic child sexual abuse was not unduly lenient, but it imposed a 10-year sexual harm prevention order.

  • Sexual offences
  • Sentencing
  • Sexual harm prevention orders
  • Child protection
  • Appeal against sentence
  • Sexual-offences
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Family law [2023] ScotCS CSOH_61

HS AGAINST TP AND LB

HS AGAINST TP AND LB [2023] ScotCS CSOH_61 (20 July 2023)

The court found Simon was habitually resident in Scotland at the relevant times, so Kentucky orders were not recognised. The evidence established that Simon suffered significant neglect in the care of HS and LB, with no demonstrated capacity for sustained change. TP was able to provide a safe, stable, and loving environment, and Simon expressed a clear wish to live with TP in the United States. The welfare of Simon required granting residence to TP and permitting relocation. There was insufficient basis to order direct contact for HS or LB, but indirect contact was appropriate.

  • Child residence
  • Child contact
  • Relocation of child
  • Habitual residence
  • Recognition of foreign orders
  • Child protection
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Criminal law [2022] ScotHC HCJAC_28

APPEAL AGAINST CONVICTION BY WM AGAINST HMA

APPEAL AGAINST CONVICTION BY WM AGAINST HMA [2022] ScotHC HCJAC_28 (14 July 2022)

The appeal court held that recorded phone conversations could corroborate a child's evidence of assault, and refused the appeal against conviction.

  • Corroboration
  • Admissions
  • Assault
  • Child protection
  • Jury directions
  • Criminal-appeal
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Family law [2022] ScotSAC Civ 22

PETITION OF HIGHLAND COUNCIL FOR A PERMANENCE ORDER RE THE CHILD A

PETITION OF HIGHLAND COUNCIL FOR A PERMANENCE ORDER RE THE CHILD A [2022] ScotSAC Civ 22 (12 July 2022)

The Sheriff Appeal Court affirmed a permanence order for Child A, holding that the child’s welfare required the order and removal of the parents’ rights.

  • Permanence order
  • Parental rights
  • Child protection
  • Permanence-order
  • Child-welfare
  • Parental-rights
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Criminal law [2021] ScotHC HCJAC_47

APPEAL AGAINST SENTENCE BY GRPW AGAINST HER MAJESTY'S ADVOCATE

APPEAL AGAINST SENTENCE BY GRPW AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_47 (04 November 2021)

The appeal court upheld a three-year non-harassment order protecting a complainer and her children after domestic abuse and related offending.

  • Non-harassment orders
  • Domestic abuse
  • Child protection
  • Sentencing
  • Appeal procedure
  • Non-harassment-orders
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Employment law [2021] ScotCS CSIH_35

APPEAL BY L AGAINST K

APPEAL BY L AGAINST K [2021] ScotCS CSIH_35 (07 July 2021)

The Court of Session restored an Employment Tribunal decision upholding dismissal for SOSR, rejecting the need to prove guilt where child-protection risks and trust concerns were central.

  • Unfair dismissal
  • Some other substantial reason (sosr)
  • Child protection
  • Reputational risk
  • Procedural fairness
  • Unfair-dismissal
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Child law [2021] SC LIV 43

NOTE OF REASONS IN THE APPLICATION BY LOCALITY REPORTER MANAGER, LIVINGSTON IN RESPECT OF THE CHILD CM

NOTE OF REASONS IN THE APPLICATION BY LOCALITY REPORTER MANAGER, LIVINGSTON IN RESPECT OF THE CHILD CM [2021] SC LIV 43 (06 July 2021)

The sheriff found the grounds of referral for child CM established on the balance of probabilities and remitted the case to a children’s hearing.

  • Child protection
  • Grounds of referral
  • Welfare of the child
  • Child-protection
  • Childrens-hearings
  • Grounds-of-referral
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Child law [2021] SC LIV 43

NOTE OF REASONS IN THE APPLICATION BY LOCALITY REPORTER MANAGER, LIVINGSTON IN RESPECT OF THE CHILD CM

NOTE OF REASONS IN THE APPLICATION BY LOCALITY REPORTER MANAGER, LIVINGSTON IN RESPECT OF THE CHILD CM [2021] SC LIV 43 (06 July 2021)

A Scottish Sheriff Court held that grounds of referral concerning child CM were established on the balance of probabilities and granted the application.

  • Child protection
  • Grounds of referral
  • Welfare of the child
  • Child-protection
  • Grounds-of-referral
  • Welfare-of-the-child
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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.