| Schatschaschwili v Germany (2016) EHRR 14 |
Article 6 fairness in relation to hearsay and admission of absent witness statements. |
Used as part of the ECHR framework for assessing whether admission of hearsay without attendance makes a hearing unfair. |
| Al-Khawaja v United Kingdom (2012) 54 EHRR 23 |
Three‑part test for fairness when relying on hearsay of non‑attending witnesses (good reason for absence; sole/decisive; counterbalancing factors). |
The court applied the Al‑Khawaja framework to assess the sheriff's handling of Mother's police statements and concluded procedural error in the way objection was dealt with. |
| JS v Children's Reporter 2017 SC 31 |
Application of Al‑Khawaja principles in children's referral proceedings; Article 6 applies to such proceedings. |
Referred to for the contextual approach: examine proceedings as a whole and consider reasons for non‑attendance, whether evidence was decisive, and counterbalancing safeguards. |
| Cunningham v M 2005 SLT (Sh Ct) 73 |
Meaning of "household" — question of fact and degree; focus on ties of affection and regular contact rather than locality. |
The court applied Cunningham to conclude the sheriff's factual finding that the Appellant was part of the household was open to reasonable decision and thus sustained on appeal. |
| McGraddie v McGraddie [2013] UKSC 58, 2014 SC (UKSC) 12 |
Appellate deference to first‑instance findings of fact. |
Referred to support the proposition that factual findings as to household are for the sheriff and appellate interference is limited. |
| Greater Glasgow Health Board v Multiplex Construction Europe Limited & Ors [2026] CSIH 16 |
Emphasis on appellate deference to first‑instance findings. |
Reinforced the court's approach to deference on factual findings in the present appeal. |
| T v Scottish Children's Reporter Administration [2022] SAC (Civ) 25, 2022 SLT (Sh Ct) 179 |
Discussion about close connection and the relevance of state intervention to absence of contact. |
The court considered and distinguished passages relied on from T when assessing whether absence of recent contact was fatal to a household finding. |
| In Re B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575 |
Approach to allegations where perpetrator uncertain and identifying a pool of perpetrators. |
Relied on by the Appellant; the court considered the authority when analysing whether narrowing from a pool to an individual required notice and opportunity to be heard. |
| AW v Principal Reporter 2022 SC (SAC) 27 |
Identification of perpetrator in statement of facts. |
Referenced as authority discussing when naming a perpetrator is appropriate; court contrasted its facts with that authority. |
| Strand-Lobben v Norway (2020) 70 EHRR 14 |
Right to be heard before amendment of statement of grounds (absolute right to be heard). |
Cited by the Appellant in support of the submission that amendment without notice was incompatible with Article 6; court analysed and concluded there had been opportunity to oppose. |
| McGregor v H 1983 SLT 626 |
Principles on household/relationship as part of family unit. |
Referenced by the Appellant in arguing the household concept requires family‑unit‑type ties; considered in the court's evaluation of evidence. |
| A v Kennedy 1993 SC 131 |
Principles relating to household/relationship factors. |
Referenced by the Appellant in support of the argument that household requires ties akin to a family unit; considered by the court. |
| KH v Children's Reporter Sh Ct, 3 March 2016 (2016 GWD 10-196) (unreported) |
Authority quoted in T regarding lack of current contact not indicating absence of future connection. |
Noted as source for a quotation relied on in T; court observed limited analytical value of that unreported decision. |
| Graham v HM Advocate [2019] HCJAC 51, 2019 JC 26 |
Interpretation of "decisive" in the Al‑Khawaja context. |
Cited by the Respondent to support a narrower reading of "decisive" when assessing hearsay evidence; considered in the court's Al‑Khawaja analysis. |
| Civil Evidence (Scotland) Act 1988, section 2 |
Statutory abolition of the hearsay rule in civil proceedings and framework for admissibility. |
Used to explain statutory admissibility of hearsay and limits under Article 6 jurisprudence. |
| Children's Hearings (Scotland) Act 2011, section 67, section 163, section 200 |
Definition of section 67 grounds (including close connection and household), appeal route by stated case, and definition of relevant person. |
Provided statutory basis for the grounds at issue, the appeal mechanism, and the Appellant's standing; central to the court's analysis. |
| Criminal Procedure (Scotland) Act 1995, Schedule 1 |
Identifies Schedule 1 offences (offences against children under 17, including bodily injury). |
Used to classify the assault on Sibling as a Schedule 1 offence relevant to section 67 analysis. |
| Children and Young Persons Act 1937, section 12 |
Offence of wilful neglect relevant to finding against Mother. |
Cited as the statutory basis for the sheriff's finding that Mother had been guilty of wilful neglect in respect of Sibling. |
| Act of Sederunt (Child Care and Maintenance Rules) 1997, Rule 3.48 |
Permits amendment of the Statement of Grounds. |
Relied on by the Respondent to justify amendment of the statement; considered in the court's procedural analysis. |