Scotland Case Law

AB, Petitioner for Judicial Review of the decision of the Sheriff Principal of Lothian and Borders dated 26 November 2025 refusing to investigate a complaint concerning the conduct of a curator ad litem

Lady Drummond refused judicial review of the Sheriff Principal’s decision not to investigate a complaint about a curator ad litem, holding there was no error of law, unfairness, or irrationality.

• Legitimate expectation
• Jurisdiction/power to investigate complaint
• Procedural fairness
• Irrationality/wednesbury unreasonableness
• Alternative remedy
• Court-appointed curator ad litem

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Raeshaw Farms LTD against Scottish Ministers and another (Court of Session)

Raeshaw Farms LTD against Scottish Ministers and another (Court of Session) [2026] CSIH 10 (17 February 2026)

The court held that the reporter materially erred in treating a wind farm and its grid connection separately for EIA purposes and quashed the decision.

• Environmental impact assessment
• Project splitting
• Wind farm development
• Planning permission
• Grid connection
• Salami slicing

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Dastan Ibrahimi against Glasgow City Council (Court of Session)

Dastan Ibrahimi against Glasgow City Council (Court of Session) [2026] CSIH 4 (20 January 2026)

The Inner House held an age assessment challenge was not academic, but refused reduction of Glasgow City Council’s decision on reasons, fairness, irrationality and inquiry grounds.

• Age assessment
• Procedural fairness
• Adequate reasons
• Irrationality
• Tameside duty
• Judicial review

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St Margarets Nursery LTD for Judicial Review (Court of Session)

St Margarets Nursery LTD for Judicial Review (Court of Session) [2026] CSOH 35 (18 September 2025)

The Court of Session refused permission for judicial review of Edinburgh Council’s non-renewal of an early learning and childcare agreement and dismissed the petition.

• Judicial review
• Eligibility criteria
• Early learning and childcare
• Legitimate expectation
• Procedural fairness
• Irrationality

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Petition by Brian Hannah for Judicial Review (Court of Session)

Petition by Brian Hannah for Judicial Review (Court of Session) [2024] CSOH 73 (30 July 2024)

The Court of Session refused judicial review of a prison disciplinary decision, holding it was rational and supported by the evidence before the adjudicator.

• Judicial review
• Prison discipline
• Rationality of administrative decisions
• Procedural fairness
• Judicial-review
• Prison-discipline

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REDCROFT CARE HOMES LTD FOR JUDICIAL REVIEW

REDCROFT CARE HOMES LTD FOR JUDICIAL REVIEW [2023] ScotCS CSOH_95 (21 December 2023)

The Court of Session dismissed a judicial review over refusal of deficit funding for a care home, holding the decision was a commercial one outside supervisory jurisdiction.

• Supervisory jurisdiction
• Legitimate expectation
• Procedural fairness
• Irrationality
• Statutory powers
• Framework agreements

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IN THE PETITION OF (FIRST) PETER RALPH AVERBUCH; (SECOND) DICKINS EDINBURGH LTD; (THIRD) RESERVE TRAVEL LTD; (FOURTH) EDINBURGH SC (SELF CATERING) LTD FOR JUDICIAL REVIEW OF THE CITY OF EDINBURGH COUNCIL SHORT TERM LETS LICENSING POLICY

IN THE PETITION OF (FIRST) PETER RALPH AVERBUCH; (SECOND) DICKINS EDINBURGH LTD; (THIRD) RESERVE TRAVEL LTD; (FOURTH) EDINBURGH SC (SELF CATERING) LTD FOR JUDICIAL REVIEW OF THE CITY OF EDINBURGH COUNCIL SHORT TERM LETS LICENSING POLICY [2023] ScotCS CSOH_35 (08 June 2023)

The Court of Session held that parts of Edinburgh’s short-term lets licensing policy were unlawful, including the rebuttable presumption against tenement lets and the ban on temporary licences.

• Short-term lets
• Licensing policy
• Planning permission
• Irrationality
• Oppression
• Regulatory impact

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APPEAL BY FEDERICO GARCIA LOPEZ DE LA TORRE AGAINST SCOTTISH LEGAL COMPLAINTS COMMISSION

APPEAL BY FEDERICO GARCIA LOPEZ DE LA TORRE AGAINST SCOTTISH LEGAL COMPLAINTS COMMISSION [2023] ScotCS CSIH_12 (23 February 2023)

The Court of Session quashed two Scottish Legal Complaints Commission eligibility decisions and remitted the complaints for reconsideration by a different case investigator.

• Legal complaints
• Irrationality
• Procedural impropriety
• Error of law
• Statutory appeal
• Professional-regulation

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PETITION BY SHAMSUDDEEN USMAN SANUSI

PETITION BY SHAMSUDDEEN USMAN SANUSI [2022] ScotCS CSOH_18 (15 February 2022)

The Court of Session refused a petition challenging an immigration administrative review decision, holding there was no unlawful delay or legal error.

• Administrative review
• Immigration rules
• Delay in decision-making
• Evidence requirements
• Irrationality
• Failure to consider relevant material

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SCHOOL AND NURSERY MILK ALLIANCE LTD FOR JUDICIAL REVIEW

SCHOOL AND NURSERY MILK ALLIANCE LTD FOR JUDICIAL REVIEW [2022] ScotCS CSOH_11 (28 January 2022)

The Court of Session held that consultation on Scotland’s Milk and Healthy Snack Scheme was unfair and that the LSR funding methodology was irrational.

• Consultation requirements
• Legitimate expectation
• Irrationality
• Statutory interpretation
• Regulatory funding schemes
• Judicial-review

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