Esheria Scotland Case Law
Sign in
Scotland Source-linked decisions Coverage checked

Scotland Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter Scotland case law

Results update automatically as you type.

Scotland decisions

Decisions matching the current search

Clear filters
Administrative-law [2024] ScotCS CSOH_27

SCOTTISH FISHERMAN'S ORGANISATION LTD AND ANOTHER FOR JUDICIAL REVIEW OF A DECISION BY THE SCOTTISH MINISTERS

SCOTTISH FISHERMAN'S ORGANISATION LTD AND ANOTHER FOR JUDICIAL REVIEW OF A DECISION BY THE SCOTTISH MINISTERS [2024] ScotCS CSOH_27 (08 March 2024)

The Court of Session refused a judicial review of amended Scottish sea fishing licence conditions, holding the Ministers acted lawfully and fairly.

  • Statutory-interpretation
  • Consultation-process
  • Licensing-powers
  • Economic-link-conditions
  • Ultra-vires
  • Procedural-fairness
Read case analysis
Extradition [2022] ScotHC HCJAC_17

APPEAL UNDER SECTION 103 OF THE EXTRADITION ACT 2003 BY JAMES CRAIG AGAINST THE LORD ADVOCATE REPRESENTING THE AMERICAN AUTHORITIES

APPEAL UNDER SECTION 103 OF THE EXTRADITION ACT 2003 BY JAMES CRAIG AGAINST THE LORD ADVOCATE REPRESENTING THE AMERICAN AUTHORITIES [2022] ScotHC HCJAC_17 (31 March 2022)

The High Court of Justiciary allowed James Craig’s extradition appeal, ordered his discharge, and quashed the extradition order following the UK Supreme Court’s ruling.

  • Ultra-vires-acts
  • Convention-rights
  • Statutory-interpretation
  • Devolution-issues
  • Extradition
  • Ultra-vires
Read case analysis
Administrative-law [2021] ScotCS CSOH_93

WESTEND RESIDENTS CIC AGAINST DUNDEE CITY COUNCIL

WESTEND RESIDENTS CIC AGAINST DUNDEE CITY COUNCIL [2021] ScotCS CSOH_93 (10 September 2021)

The Court of Session held that planning permission for an e-bike docking station in a conservation area was ultra vires because the design-statement issue was not properly addressed.

  • Planning-permission
  • Procedural-requirements
  • Design-statements
  • Conservation-areas
  • Ultra-vires
  • Planning-law
Read case analysis
Administrative-law [2021] ScotCS CSOH_35

THE BRITISH BROADCASTING CORPORATION AGAINST AGAINST THE RIGHT HONOURABLE LADY SMITH CHAIR OF THE CHILD ABUSE INQUIRY

THE BRITISH BROADCASTING CORPORATION AGAINST AGAINST THE RIGHT HONOURABLE LADY SMITH CHAIR OF THE CHILD ABUSE INQUIRY [2021] ScotCS CSOH_35 (01 April 2021)

The Court of Session refused BBC judicial review challenges to restriction orders made by Lady Smith, holding the replacement order lawful and not biased.

  • Judicial-review
  • Open-justice
  • Freedom-of-expression
  • Apparent-bias
  • Ultra-vires
  • Restriction-orders
Read case analysis
Constitutional-law [2021] ScotCS CSOH_32

REVEREND DR WILLIAM J U PHILIP AND OTHERS FOR JUDICIAL REVIEW OF THE CLOSURE OF PLACES OF WORSHIP IN SCOTLAND

REVEREND DR WILLIAM J U PHILIP AND OTHERS FOR JUDICIAL REVIEW OF THE CLOSURE OF PLACES OF WORSHIP IN SCOTLAND [2021] ScotCS CSOH_32 (24 March 2021)

The Court of Session held that Scotland’s Level 4 closure of places of worship was a disproportionate interference with Article 9 rights and unlawful.

  • Freedom-of-religion
  • Freedom-of-assembly
  • Ultra-vires
  • Proportionality
  • Covid-19-restrictions
  • Separation-of-church-and-state
Read case analysis
Administrative-law [2020] ScotCS CSOH_23

FRANCIS CANNON FOR JUDICIAL REVIEW

FRANCIS CANNON FOR JUDICIAL REVIEW [2020] ScotCS CSOH_23 (28 February 2020)

The Court of Session held that the Scottish Legal Complaints Commission could not make a complaint to itself under the 2007 Act and reduced its letter.

  • Statutory-interpretation
  • Natural-justice
  • Judicial-review
  • Legal-profession-regulation
  • Ultra-vires-acts
  • Professional-regulation
Read case analysis
Constitutional-law [2019] ScotCS CSOH_68

CHERRY, (FIRST) JOANNA CHERRY QC MP AND OTHERS FOR JUDICIAL REVIEW

CHERRY, (FIRST) JOANNA CHERRY QC MP AND OTHERS FOR JUDICIAL REVIEW [2019] ScotCS CSOH_68 (30 August 2019)

The Court of Session refused interim suspension and interim interdict in a judicial review over the proposed prorogation of Parliament, finding no cogent need for urgent relief.

  • Prorogation-of-parliament
  • Ultra-vires
  • Justiciability
  • Parliamentary-accountability
  • Judicial-review
  • Interim-interdict
Read case analysis
Administrative-law [2018] ScotCS CSOH_99

GENERAL DENTAL COUNCIL, JUDICIAL REVIEW BY DK AGAINST THE INVESTIGATING COMMITTEE OF THE GENERAL DENTAL COUNCIL

GENERAL DENTAL COUNCIL, JUDICIAL REVIEW BY DK AGAINST THE INVESTIGATING COMMITTEE OF THE GENERAL DENTAL COUNCIL [2018] ScotCS CSOH_99 (18 October 2018)

The Court of Session held that the dental regulator acted ultra vires under transitional rules and reduced the warning decision made against DK.

  • Ultra-vires
  • Fitness-to-practice
  • Transitional-provisions
  • Irrationality
  • Time-bar
  • Alternative-remedy
Read case analysis
Public-law [2017] ScotCS CSIH_69

HUSSAIN, RECLAIMING MOTION BY AGAINST GLASGOW CITY COUNCIL

HUSSAIN, RECLAIMING MOTION BY AGAINST GLASGOW CITY COUNCIL [2017] ScotCS CSIH_69 (14 November 2017)

The court held that Glasgow City Council’s pre-payment condition for a housing repair grant was ultra vires and could not justify withdrawing the grant.

  • Ultra-vires-conditions
  • Local-authority-powers
  • Housing-grants
  • Statutory-interpretation
  • Housing-law
  • Judicial-review
Read case analysis
Administrative-law [2017] ScotCS CSIH_36

Council of The Law Society of Scotland v The Scottish Legal Complaints Commission (SLCC)

Council of The Law Society of Scotland v The Scottish Legal Complaints Commission (SLCC) [2017] ScotCS CSIH_36 (09 June 2017)

The Inner House held that the SLCC had no power to re-categorise a previously classified hybrid complaint at its own hand under the 2007 Act.

  • Statutory-interpretation
  • Jurisdiction-of-regulatory-bodies
  • Complaints-procedure
  • Ultra-vires-acts
  • Finality-of-administrative-decisions
  • Administrative-law
Read case analysis

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.