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Scotland Case Law

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Civil procedure [2026] SACCIV 30

Martha Magaisa as executrix-dative of the late Tanyaradzwa Magaisa against Lord Stewart of Dirleton KC, the Advocate General for Scotland (Sheriff Appeal Court Civil)

Martha Magaisa as executrix-dative of the late Tanyaradzwa Magaisa against Lord Stewart of Dirleton KC, the Advocate General for Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 30 (12 May 2026)

The Sheriff Appeal Court held that the appeal raised a novel and complex issue about transmissibility of non-patrimonial claims and remitted it to the Court of Session.

  • Transmissibility of non-patrimonial claims
  • Executor's title to sue
  • Statutory interpretation
  • Damages (scotland) act 2011
  • Remit to court of session
  • Executor-title-to-sue
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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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Administrative law [2026] CSIH 15

The Scottish Ministers against The Scottish Information Commissioner (Court of Session)

The Scottish Ministers against The Scottish Information Commissioner (Court of Session) [2026] CSIH 15 (26 March 2026)

The Inner House held that the Information Commissioner erred in ordering disclosure of privileged legal advice, allowing the Ministers’ appeal.

  • Freedom of information
  • Legal professional privilege
  • Public interest test
  • Statutory interpretation
  • Freedom-of-information
  • Legal-professional-privilege
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Civil procedure [2026] SCDUM 41

Marion Hamilton against Dryfe Vets LTD (Sheriff Court Civil)

Marion Hamilton against Dryfe Vets LTD (Sheriff Court Civil) [2026] SCDUM 41 (26 March 2026)

The sheriff refused the defender’s motion for expenses, holding that the pursuer’s failure to prove she was driving did not itself establish fraud or manifest unreasonableness.

  • Expenses (costs)
  • Fraudulent misrepresentation
  • Manifestly unreasonable conduct
  • Qualified one-way costs shifting (qocs)
  • Statutory interpretation
  • Expenses
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Professional discipline [2026] CSIH 14

Petition by Nicola Simone Cannon against The Council of the Law Society of Scotland (Court of Session)

Petition by Nicola Simone Cannon against The Council of the Law Society of Scotland (Court of Session) [2026] CSIH 14 (25 March 2026)

The Inner House upheld a censure and £800 fine against a solicitor for late money-laundering compliance, rejecting challenges to the Society’s powers, fairness, and proportionality.

  • Solicitor regulation
  • Money laundering compliance
  • Natural justice
  • Human rights (echr)
  • Statutory interpretation
  • Professional-discipline
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Administrative law [2026] CSIH 12

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 12 (17 March 2026)

The court refused leave to appeal against an SLCC eligibility decision, holding the applicant showed no real prospect of success under section 21 of the 2007 Act.

  • Statutory interpretation
  • Professional misconduct
  • Procedural impropriety
  • Standing and interest
  • Human rights act compliance
  • Threshold for complaint eligibility
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Criminal law [2026] SACCRIM 6

Appeal under section 4(2) of the Dangerous Dogs Act 1991 by Shannon Kane against Procurator Fiscal, Tain (Sheriff Appeal Court Criminal)

Appeal under section 4(2) of the Dangerous Dogs Act 1991 by Shannon Kane against Procurator Fiscal, Tain (Sheriff Appeal Court Criminal) [2026] SACCRIM 6 (24 February 2026)

The Sheriff Appeal Court set aside a destruction order for an XL Bully dog and substituted a contingent destruction order, allowing time to seek exemption.

  • Dangerous dogs act 1991
  • Destruction orders
  • Contingent destruction orders
  • Statutory interpretation
  • Procedural defects in charges
  • Dangerous-dogs-act
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Civil procedure [2026] CSIH 6

Barbara MacVicar or Butt and others against Robert Nimmo (Court of Session)

Barbara MacVicar or Butt and others against Robert Nimmo (Court of Session) [2026] CSIH 6 (28 January 2026)

The Inner House held that section 22(4) of the 1973 Act did not bar a jury trial because the relatives’ claim was brought timeously under section 18(2)(a).

  • Jury trial in civil cases
  • Limitation of actions
  • Statutory interpretation
  • Asbestos-related disease claims
  • Jury-trial-in-civil-cases
  • Limitation-of-actions
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Private international law [2026] SCEDIN 10

Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court)

Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court) [2026] SCEDIN 10 (16 January 2026)

A Scottish sheriff determined that Kenyan law governs seven work-injury claims and held that WIBA, not common law, would likely apply to claims filed during the relevant transitional period.

  • Choice of law
  • Work injury compensation
  • Statutory interpretation
  • Legitimate expectation
  • Jurisdiction
  • Choice-of-law
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Civil procedure [2025] SACCIV 35

Colin Gillan v Mark Sinclair (Sheriff Appeal Court Civil)

Colin Gillan v Mark Sinclair (Sheriff Appeal Court Civil) [2025] SACCIV 35 (16 October 2025)

The Sheriff Appeal Court dismissed an appeal on expenses as incompetent, holding that Chapter 27A could not operate without a lodged account and completed taxation.

  • Expenses
  • Counterclaim
  • Ordinary cause rules
  • Statutory interpretation
  • Civil-procedure
  • Ordinary-cause-rules
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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.