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Scotland Case Law

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Public 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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Public law [2026] CSOH 32

Samantha Kane against Leslie Stewart Waugh and another (Court of Session)

Samantha Kane against Leslie Stewart Waugh and another (Court of Session) [2026] CSOH 32 (26 March 2026)

The Court of Session held that the community council dissolution decision was unlawful, but dismissed the petition because only declarator remained and it had no practical effect.

  • Community council dissolution
  • Procedural fairness
  • Constitutional interpretation
  • Community-council-dissolution
  • Procedural-fairness
  • Constitutional-interpretation
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Professional regulation [2026] CSIH 13

Patrick Henry McAuley for leave to appeal a decision of the Scottish Legal Complaints Commission (Court of Session)

Patrick Henry McAuley for leave to appeal a decision of the Scottish Legal Complaints Commission (Court of Session) [2026] CSIH 13 (17 March 2026)

The court granted leave to appeal on one issue about whether correspondence could amount to professional misconduct, and refused permission on all other grounds.

  • Eligibility decisions
  • Professional misconduct
  • Procedural fairness
  • Appeals process
  • Professional-regulation
  • Administrative-law
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Administrative law [2026] SCKDY 50

JA against UK Insurance LTD (Sheriff Court Civil)

The sheriff court quashed Glasgow City Council’s refusal of housing benefit for failing to consider relevant evidence and give adequate reasons, requiring reconsideration.

  • Local authority decision
  • Procedural fairness
  • Administrative-law
  • Procedural-fairness
  • Housing-benefit
  • Local-authority-decisions
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Administrative law [2026] SCDUNF 47

North Queensferry Community Trust v Scottish Ministers & Others (Sheriff Court Civil)

North Queensferry Community Trust v Scottish Ministers & Others (Sheriff Court Civil) [2026] SCDUNF 47 (23 February 2026)

The sheriff allowed a community right to buy appeal, holding the Ministers acted unfairly and gave inadequate reasons when refusing consent for the Albert Hotel application.

  • Judicial review
  • Procedural fairness
  • Right to buy land
  • Sustainable development
  • Community ownership
  • Judicial-review
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Administrative law [2026] CSOH 11

Mull Campus Working Group LTD for Judicial Review (Court of Session)

Mull Campus Working Group LTD for Judicial Review (Court of Session) [2026] CSOH 11 (18 February 2026)

The Court of Session dismissed a judicial review challenge to Argyll and Bute Council’s choice of Tobermory South as the preferred site for a new Mull campus.

  • Judicial review of local authority decisions
  • Procedural fairness
  • Statutory powers
  • Site selection for public infrastructure
  • Community consultation
  • Judicial-review
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Administrative law [2026] SACCIV 5

Yvonne Prentice against Chief Constable of the Police Service of Scotland (Sheriff Appeal Court Civil)

Yvonne Prentice against Chief Constable of the Police Service of Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 5 (22 January 2026)

The Sheriff Appeal Court refused an appeal about expenses after the respondent conceded the firearms appeal, holding there was nothing left to litigate and no basis for an evidential hearing.

  • Expenses in litigation
  • Discretion of court on costs
  • Public authority immunity from costs
  • Firearms certificate revocation
  • Procedural fairness
  • Expenses
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Public law [2026] CSIH 4

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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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.