Scotland Case Commentaries

Denial is Not an Automatic Bar to Rehabilitation, but Article 5 Does Not Require Denier-Specific Courses Where Unsuitability is a Professional Risk/Responsivity Judgment

Date: Mar 11, 2026

Denial is Not an Automatic Bar to Rehabilitation, but Article 5 Does Not Require Denier-Specific Courses Where Unsuitability is a Professional Risk/Responsivity Judgment 1. Introduction Case:...

Article 5 ECHR and OLR Prisoners: Assessment Alone Is Not a “Real Opportunity” for Rehabilitation

Date: Mar 11, 2026

Article 5 ECHR and OLR Prisoners: Assessment Alone Is Not a “Real Opportunity” for Rehabilitation Court: Scottish Court of Session (Outer House), Lord Colbeck Citation: [2026] CSOH 21 Date: 6 March...

Post‑contract Conduct Admissible to Prove Terms of Oral Contract (Not to Interpret It) — BPL Contracts (Scotland) Ltd v Beattie FRC Ltd [2026] CSOH 22

Date: Mar 11, 2026

Post‑contract Conduct Admissible to Prove Terms of Oral Contract (Not to Interpret It): Profit‑Share Oral Subcontracts, “Overheads”, and the Factual Substratum for Expert Quantum Evidence 1....

Denial of Index Offence Does Not Itself Defeat “Real Opportunity for Rehabilitation” Under Article 5: Suitability-Based Access to SCP and No Duty to Create Innocence-Specific Courses

Date: Mar 7, 2026

Denial of Index Offence Does Not Itself Defeat “Real Opportunity for Rehabilitation” Under Article 5: Suitability-Based Access to SCP and No Duty to Create Innocence-Specific Courses 1. Introduction...

Res gestae admission of prisoners’ spontaneous denials to prison officers; no automatic need for s 49C(2) “reasonable excuse” directions on a bare evidential footing

Date: Mar 7, 2026

Res gestae admission of prisoners’ spontaneous denials to prison officers; no automatic need for s 49C(2) “reasonable excuse” directions on a bare evidential footing 1) Introduction This is an appeal...

Screening Decisions Unlawful Where Landscape “Magnitude” is Narrowly Calculated and Identified Priority Species Risks Are Not Properly Informed or Reasoned

Date: Mar 7, 2026

Screening Decisions Unlawful Where Landscape “Magnitude” is Narrowly Calculated and Identified Priority Species Risks Are Not Properly Informed or Reasoned Court: Scottish Court of Session (Outer...

Conveyancing Advice on Missing Completion Certificates: Informed Client Instruction Defeats Breach, and “Scope of Duty” Limits Loss to the Certification Risk

Date: Mar 7, 2026

Conveyancing Advice on Missing Completion Certificates: Informed Client Instruction Defeats Breach, and “Scope of Duty” Limits Loss to the Certification Risk 1. Introduction In Karen Lamb against...

Common Good Disposals: Court Approval of Community Benefit Leases with Conditions Ensuring Public Access and No Change of Use

Date: Feb 24, 2026

Common Good Disposals: Court Approval of Community Benefit Leases with Conditions Ensuring Public Access and No Change of Use 1. Introduction West Lothian Council petitioned the Outer House of the...

Amenability of LEIP/RIBA School Site-Selection Decisions to Judicial Review (and the Limits of Common-Law Consultation)

Date: Feb 20, 2026

Amenability of LEIP/RIBA School Site-Selection Decisions to Judicial Review (and the Limits of Common-Law Consultation) 1. Introduction Mull Campus Working Group Limited for Judicial Review ([2026]...

Wind Farm EIAs: Grid Connections Require a Fact-Specific “Single Project” Evaluation (and Reasons)

Date: Feb 18, 2026

Wind Farm EIAs: Grid Connections Require a Fact-Specific “Single Project” Evaluation (and Reasons) 1. Introduction Raeshaw Farms Limited appealed under section 239 of the Town and Country Planning...

NPF4 Policy 6(b)(i) “Loss of Ancient Woodland” as Loss of Woodland Land Area (Not Mere Tree Felling) and the High Threshold for Successfully Attacking Planning Officer Reports

Date: Feb 18, 2026

NPF4 Policy 6(b)(i) “Loss of Ancient Woodland” as Loss of Woodland Land Area (Not Mere Tree Felling) and the High Threshold for Successfully Attacking Planning Officer Reports Introduction Case:...

Child’s Wishes Cannot Dilute Article 13(b) “Grave Risk”: Intolerability Remains Objective in Hague Return Proceedings

Date: Feb 12, 2026

Child’s Wishes Cannot Dilute Article 13(b) “Grave Risk”: Intolerability Remains Objective in Hague Return Proceedings Case: Petition of DM (Court of Session) Citation: [2026] CSIH 9 Court: Scottish...

Section 2(1)(f) “Error” Appeals Are Confined to Objectively Verifiable Facts, Not Valuation Methodology or Comparable Selection

Date: Feb 12, 2026

Section 2(1)(f) “Error” Appeals Are Confined to Objectively Verifiable Facts, Not Valuation Methodology or Comparable Selection 1) Introduction The Nail & Beauty Zone LTD, trading as Pure Spa and...

Wrong Guideline, Right Question: Sentencing Errors Do Not Found a Miscarriage Unless the Final Sentence is Excessive

Date: Feb 11, 2026

Wrong Guideline, Right Question: Sentencing Errors Do Not Found a Miscarriage Unless the Final Sentence is Excessive 1. Introduction This appeal arose following a reference by the Scottish Criminal...

“NHS Earnings” Means Statement-of-Dental-Remuneration Income: Annual Assessment, Continuous Commitment, and Year-by-Year Prescription in Dental Bursary Repayment

Date: Feb 11, 2026

“NHS Earnings” Means Statement-of-Dental-Remuneration Income: Annual Assessment, Continuous Commitment, and Year-by-Year Prescription in Dental Bursary Repayment Court: Scottish Court of Session...

Functional Sufficiency of Notice for Enforcing UAE Payment Orders in Scotland (No Automatic Translation Requirement)

Date: Feb 11, 2026

Functional Sufficiency of Notice for Enforcing UAE Payment Orders in Scotland (No Automatic Translation Requirement) 1) Introduction Papel Payment Services Provider LLC (“Papel”), a UAE-based...

Section 170 CPSA 1995 Declared Article 6-Incompatible: Blanket Immunity from Malicious Prosecution Claims in Summary Proceedings

Date: Feb 11, 2026

Section 170 CPSA 1995 Declared Article 6-Incompatible: Blanket Immunity from Malicious Prosecution Claims in Summary Proceedings 1) Introduction In Mark Hirst against The Chief Constable Police...

Deportation (Article 8): Unsigned/Undated “Support Letters” May Be Given No Weight; Rationality Review Applies a Normal Intensity Where Parliament Has Set the Public-Interest Baseline

Date: Feb 11, 2026

Deportation (Article 8): Unsigned/Undated “Support Letters” May Be Given No Weight; Rationality Review Applies a Normal Intensity Where Parliament Has Set the Public-Interest Baseline 1. Introduction...

Undisclosed Police-Interview Evidence and Social-Work Retraction Entries as McInnes “Stage 2” Material; Retrial Authority Granted Despite Crown Fault

Date: Feb 6, 2026

Undisclosed Police-Interview Evidence and Social-Work Retraction Entries as McInnes “Stage 2” Material; Retrial Authority Granted Despite Crown Fault Case: Appeal against Conviction by YZ against His...

Mandatory OLR Where s 210E Risk Criteria Are Met: “Medium” RMA Rating Does Not Preclude Lifelong Restriction

Date: Feb 5, 2026

Mandatory OLR Where s 210E Risk Criteria Are Met: “Medium” RMA Rating Does Not Preclude Lifelong Restriction Case: Appeal Against Sentence by Otu Nyiam also known as Raymond Nyiam against His...