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Education law [2026] CSIH 17

Leo Bruce Huisman against University of the Highlands and Islands and another (Court of Session)

Leo Bruce Huisman against University of the Highlands and Islands and another (Court of Session) [2026] CSIH 17 (01 April 2026)

The Court of Session refused a reclaiming motion challenging higher tuition fees for a British citizen who fled South Africa, holding he was not analogous to excepted students.

  • Tuition fees
  • Discrimination
  • Right to education
  • Statutory interpretation
  • Humanitarian protection
  • Tuition-fees
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Criminal law [2024] ScotCS CSOH_30

AB FOR JUDICIAL REVIEW OF THE IMPOSITION OF CERTAIN CONDITIONS UPON HIS RELEASE BY THE SCOTTISH MINISTERS

AB FOR JUDICIAL REVIEW OF THE IMPOSITION OF CERTAIN CONDITIONS UPON HIS RELEASE BY THE SCOTTISH MINISTERS [2024] ScotCS CSOH_30 (14 March 2024)

The court refused judicial review of licence conditions imposed on AB’s release, holding they were lawful, certain, proportionate, and compatible with the ECHR.

  • Licence conditions
  • Procedural fairness
  • Mental health assessment
  • Alcohol misuse
  • Information technology restrictions
  • Certainty of conditions
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Public law [2024] ScotCS CSOH_6

GORDON BURNS FOR JUDICIAL REVIEW OF THE SYSTEM OPERATED BY THE SCOTTISH MINISTERS TO GRANT HIM HIS FIRST GRANT OF TEMPORARY RELEASE

GORDON BURNS FOR JUDICIAL REVIEW OF THE SYSTEM OPERATED BY THE SCOTTISH MINISTERS TO GRANT HIM HIS FIRST GRANT OF TEMPORARY RELEASE [2024] ScotCS CSOH_6 (25 January 2024)

The court dismissed a prisoner’s judicial review challenging ministerial approval for first temporary release, holding there was no ECHR breach or unlawful discrimination.

  • Judicial review of prison release procedures
  • Article 5 echr (right to liberty)
  • Article 14 echr (prohibition of discrimination)
  • Article 8 echr (private and family life)
  • Discrimination between prisoner categories
  • Temporary release of prisoners
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Administrative law [2022] ScotCS CSOH_64

OLA JASIM FOR JUDICIAL REVIEW OF A DECISION OF THE STUDENT AWARDS AGENCY SCOTLAND

OLA JASIM FOR JUDICIAL REVIEW OF A DECISION OF THE STUDENT AWARDS AGENCY SCOTLAND [2022] ScotCS CSOH_64 (09 September 2022)

The Court of Session held that student-support long-residence rules did not unlawfully discriminate under the ECHR and refused the judicial review.

  • Student support eligibility
  • Discrimination
  • European convention on human rights
  • Immigration status
  • Proportionality review
  • Student-support
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Public law [2022] ScotSC CSOH_41

A FOR JUDICIAL REVIEW OF A DECISION BY THE FIRST-TIERE TRIBUNAL

A FOR JUDICIAL REVIEW OF A DECISION BY THE FIRST-TIERE TRIBUNAL (CRIMINAL INJURIES COMPENSATION) [2022] ScotSC CSOH_41 (18 May 2022)

The Court of Session refused judicial review of a criminal injuries compensation decision, holding that applying local rehabilitation rules did not unlawfully discriminate under Article 14.

  • Discrimination
  • Criminal injuries compensation
  • Rehabilitation of offenders
  • Article 14 echr
  • Indirect discrimination
  • Devolution
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Public law [2020] ScotCS CSOH_104

PETITION BY YE HAO YAN or LI BIN YAN AGAINST THE SCOTTISH MINISTERS

PETITION BY YE HAO YAN or LI BIN YAN AGAINST THE SCOTTISH MINISTERS [2020] ScotCS CSOH_104 (18 December 2020)

The Court of Session refused a prisoner’s judicial review of progression and temporary-release refusal, holding the decision was individualized and the deportee exclusions were lawful.

  • Temporary release of prisoners
  • Deportation orders
  • Echr article 5
  • Echr article 8
  • Echr article 14
  • Discrimination
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Employment law [2019] ScotCS CSIH_43

ANWAR, RECLAIMING MOTION BY ANELA ANWAR AGAINST THE ADVOCATE GENERAL AND THE COMMISSION FOR EQUALITY AND HUMAN RIGHTS

ANWAR, RECLAIMING MOTION BY ANELA ANWAR AGAINST THE ADVOCATE GENERAL AND THE COMMISSION FOR EQUALITY AND HUMAN RIGHTS [2019] ScotCS CSIH_43 (02 August 2019)

The Inner House held that employment tribunal claimants can use ancillary court proceedings for diligence on the dependence, but an anonymity order was refused.

  • Diligence on the dependence
  • Effective remedy
  • Principle of equivalence
  • Discrimination
  • Harassment
  • Anonymity in proceedings
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Immigration [2019] ScotCS CSIH_29

NYAMAYARO, (FIRST) NATASHA TARIRO NYAMAYARO AND (SECOND) OLAYINKA OLUREMI OK AGAINST THE ADVOCATE GENERAL AND THE COMMISSION FOR EQUALITY AND HUMAN RIGHTS

NYAMAYARO, (FIRST) NATASHA TARIRO NYAMAYARO AND (SECOND) OLAYINKA OLUREMI OK AGAINST THE ADVOCATE GENERAL AND THE COMMISSION FOR EQUALITY AND HUMAN RIGHTS [2019] ScotCS CSIH_29 (07 May 2019)

The court upheld reduced asylum support rates and related exclusions, holding that the scheme met the required minimum standard and no unlawful discrimination was shown.

  • Asylum support
  • Subsistence vs welfare standard
  • Children's rights
  • Public sector equality duty
  • Discrimination
  • Interpretation of international conventions
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Criminal law [2017] ScotHC HCJAC_70

O'Rourke, REFERENCE OF A COMPATIBILITY ISSUE UNDER SECTION 288ZB(1) OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 IN CAUSE v HER MAJESTY'S ADVOCATE

O'Rourke, REFERENCE OF A COMPATIBILITY ISSUE UNDER SECTION 288ZB(1) OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 IN CAUSE v HER MAJESTY'S ADVOCATE [2017] ScotHC HCJAC_70 (13 September 2017)

The High Court of Justiciary held that section 39(2)(a)(i) of the Sexual Offences (Scotland) Act 2009 was compatible with Articles 6, 8, and 14 ECHR.

  • Sexual offences
  • Defences in criminal law
  • European convention on human rights
  • Strict liability
  • Children and young persons
  • Discrimination
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Human rights law [2017] ScotCS CSIH_46

MA v Decision of the Criminal Injuries Compensation Board

MA v Decision of the Criminal Injuries Compensation Board [2017] ScotCS CSIH_46 (14 July 2017)

The Inner House held that the criminal injuries claim fell within A1P1 and that the same roof rule was discriminatory, but the rule was justified and the reclaiming motion was refused.

  • Discrimination under echr article 14
  • Right to property under a1p1
  • Criminal injuries compensation scheme
  • Justification for discriminatory treatment
  • Socio-economic policy and resource allocation
  • Echr-article-14
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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.