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Scotland Case Law

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Local-government

Nigel Kennedy against Glasgow City Council

The Upper Tribunal for Scotland granted permission to appeal, allowed the appeal, quashed the First-tier Tribunal decision, and cancelled the penalty charge notice and notice to owner.

  • Penalty-charge-notice
  • Notice-to-owner
  • Appeal-against-first-tier-tribunal-decision
  • Withdrawal-of-proceedings
  • Refund
  • Cancellation-of-notices
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Social-security-law

GB v Social Security Scotland

The Upper Tribunal allowed GB’s appeal against Social Security Scotland, quashed the First-tier Tribunal’s findings on daily living activities 3 and 8, and remitted the case.

  • Adult-disability-payment
  • Tribunal-appeal
  • Remittal-for-rehearing
  • Daily-living-activities
  • Monitoring-a-health-condition
  • Social-security-appeal
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Education-law [2018] ScotCS CSIH_20

THE CITY OF EDINBURGH COUNCIL AGAINST R IN RESPECT OF A DECISION OF THE ADDITIONAL SUPPORT NEEDS TRIBUNAL FOR SCOTLAND DATED 7 APRIL 2017

THE CITY OF EDINBURGH COUNCIL AGAINST R IN RESPECT OF A DECISION OF THE ADDITIONAL SUPPORT NEEDS TRIBUNAL FOR SCOTLAND DATED 7 APRIL 2017 [2018] ScotCS CSIH_20 (23 March 2018)

The Inner House refused Edinburgh Council’s appeal, holding that an inadequate co-ordinated support plan for a disabled pupil could amount to discrimination under the Equality Act 2010.

  • Co-ordinated-support-plan-(csp)
  • Reasonable-adjustments
  • Disability-discrimination-under-equality-act-2010
  • Provision-of-education
  • Tribunal-appeals
  • Disability-discrimination
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Mental-health-law [2015] ScotSC 15

K AGAINST A DECISION OF THE MENTAL HEALTH TRIBUNAL FOR SCOTLAND

K AGAINST A DECISION OF THE MENTAL HEALTH TRIBUNAL FOR SCOTLAND [2015] ScotSC 15 (02 March 2015)

Appeal against a cross-border transfer warrant for a detained patient was refused. The Sheriff Principal upheld the Tribunal’s findings and held the decision proportionate under Article 8.

  • Cross-border-transfer-of-mental-health-patients
  • Compulsory-treatment-orders
  • Proportionality-under-article-8-echr
  • Judicial-review-of-tribunal-decisions
  • Mental-health-law
  • Cross-border-transfer
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Education-law [2008] ScotCS CSIH_51

WA's Legal Representative v The Highland Council

WA's Legal Representative v The Highland Council [2008] ScotCS CSIH_51 (22 August 2008)

An appeal about whether a child required a co-ordinated support plan under Scottish education law was refused.

  • Additional-support-needs
  • Co-ordinated-support-plan-(csp)
  • Assessment-requests
  • Tribunal-procedure
  • Statutory-interpretation
  • Education-law
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Tax-law [1999] ScotCS 106

Mathieson v Edinburgh Vat & Duties Tribunal Decision & Anor

Mathieson v Edinburgh Vat & Duties Tribunal Decision & Anor [1999] ScotCS 106 (6 May 1999)

The Court of Session allowed a VAT interest appeal, holding that the tribunal’s finding was unsupported by evidence and that the official advice was incomplete and misleading.

  • Value-added-tax
  • Interest-on-tax-repayment
  • Tribunal-appeals
  • Error-in-official-advice
  • Tax-repayment-interest
  • Tribunal-appeal
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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.