[2026] CSOH 28 — Declarator Competent to Determine Enforceability and Scope of HMRC Undertakings as Unilateral Obligations, Despite Parallel Tax Tribunal Proceedings 1. Introduction SR Aviation...
Reduction of Confirmation is Competent in the Court of Session; Sheriff Appeal Court Appeal Not Available in Commissary Proceedings 1. Introduction Saddiq Ahmed against Kamall Ahmed ([2026] CSOH 30)...
Reduction of a Grant of Confirmation as a Competent Remedy in Commissary Practice (and Interim Suspension/Interdict Pending Proof) 1. Introduction Saddiq Ahmed against Kamall Ahmed (Court of Session)...
“Any Person” Includes the Law Society: Competence of Self-Referred Conduct Complaints to the SLCC and Mandatory Censure for AML Reporting Failures 1. Introduction Petitioner: Nicola Simone Cannon, a...
Unfair Prejudice in Scottish CVAs: An Equitable, Fact-Sensitive Inquiry (Not a Rule-Bound “Vertical/Horizontal Comparator” Exercise) Court: Outer House, Court of Session Citation: [2026] CSOH 29...
Refusal of Direct and Indirect Parental Contact Where a 14‑Year‑Old’s Views Are Found Genuinely Held and Welfare Is Not Improved by Compulsion 1) Introduction ZS v TS ([2026] CSOH 27, Outer House,...
Interim Possession Orders Cannot Undercut POCA Cash Forfeiture: Challenges Must Proceed by Judicial Review 1. Introduction Mohammed Ameen Mirza against The Lord Advocate and another ([2026] CSOH 31,...
“Safe Word” and BDSM Evidence after Kirkup: Section 275(1)(c) Probative Value, No Standing Consent, and Article 6 Fairness 1. Introduction Sean Kirkup v His Majesty’s Advocate ([2026] HCJAC 11) is an...
FOISA s36 (Confidentiality in Legal Proceedings): Legal Professional Privilege can be overridden only by “clear, compelling and specific” public-interest justification Case: The Scottish Ministers...
Community Council Dissolution: Proper-Purpose Limits and the Court’s Refusal of a “Declarator in the Air” 1. Introduction Samantha Kane against Leslie Stewart Waugh and another (Court of Session)...
Orders for Lifelong Restriction and Young Offenders: “Medium Risk” on the RMA Scale Does Not Preclude OLR Where Section 210E Risk Criteria Are Met 1. Introduction Appeal against Sentence by Cahlum...
Leave to Appeal Granted Where “Threat” to Invoke Equality/Human Rights Law May Be Incapable of Amounting to Professional Misconduct (SLCC Eligibility Decisions) 1. Introduction Case: Patrick Henry...
SLCC Eligibility Appeals: No “Standing” Requirement, No Monetary-Value Threshold, and Delegation Permitted for Remit Decisions 1. Introduction In [2026] CSIH 12, the Extra Division of the Inner House...
Exploiting an NHS Support Scheme “Within the Rules” Can Still Evidence Lack of Integrity and Professional Unsuitability Justifying Unconditional Disqualification Court Scottish Court of Session...
Judicial Review Competency for Council “Well-being” Funding Decisions and the Sufficiency of Officer Reports Summarising Legal Risk 1. Introduction Petition of Allanvale Homes (Prestwick) for...
Reason-Giving When Ministers Depart from Inquiry Reporters’ Recommendations in Section 37 Electricity Act Decisions 1. Introduction Petition of Galloway Without Pylons for Judicial Review [2026] CSOH...
Discretionary Sist in Scottish Divorce Proceedings: Prima Facie Natural Forum and the Need for Cogent Proof of Substantial Injustice Abroad 1) Introduction This Outer House decision of Lady Tait...
Tactical Non‑Call of a Known Witness Defeats the “Reasonable Explanation” Test for Fresh Evidence Appeals under s 106(3)(a) 1. Introduction In Appeal against Conviction by Kassim Ashley Green...
Pre‑Proof Dismissal for “Fundamental Dishonesty” in Scotland: Only Where Dishonesty Makes a Fair Proof Impossible (and the Motion May Be Refused In Hoc Statu) 1) Introduction Scott McSeveney v Aviva...
Security of Tenure for Showpeople’s Yards: Mobile Homes Act 1983 Applies to Council Leases of Ground and Survives Tenant Sequestration 1) Introduction In Glasgow City Council against James J R...