JUDGMENT SUMMARIES
Summaries of opinions (judgments) provide a short explanation of judicial decisions in order to assist understanding and may be published in cases where there is wider public interest. They provide the main findings, but do not form part of the reasons for the decision.
The judgment published on the Scottish Courts and Tribunals website is the only authoritative document.
HMA v John Brownlee note by Sheriff Ian Anderson
Mar 27, 2024
Normally I would be now at the stage where I would give a jury legal directions before they considered a verdict.
The Scottish Ministers against the Scottish Information Commissioner
Dec 19, 2023
At the conclusion of the hearing on 6 December 2023 the Scottish Ministers’ appeal against the Scottish Information Commissioner’s decision that the Ministers did “hold” information gathered from an independent investigation, was refused. The Opinion of the court, delivered by Lord Pentland, setting out the detailed reasons for that decision, has now been published.
Petition of the Scottish Ministers for Judicial Review of the Gender Recognition Reform (Scotland) Bill
Dec 8, 2023
The Court of Session has today issued its opinion in the petition of the Scottish Ministers for judicial review of the Gender Recognition Reform (Scotland) Bill (Prohibition on Submission for Royal Assent) Order 2023.
Hugh Hall Campbell KC v James Finlay (Kenya) Limited
Nov 7, 2023
The First Division of the Court of Session has issued its opinion in Hugh Hall Campbell KC v James Finlay (Kenya) Limited.
Lord Advocate’s Reference No. 1 of 2023
Oct 18, 2023
A bench of seven judges has issued its opinion in the Lord Advocate’s Reference No 1 of 2023.
Appeal by stated case against conviction by David Di Pinto against Procurator Fiscal, Glasgow
Oct 6, 2023
The Sheriff Appeal Court has refused an appeal against conviction in David Di Pinto v PF Glasgow. The opinion, delivered by Sheriff Principal Anwar, found the sheriff was correct to conclude the appellant evinced malice or ill-will towards police constables based on his perception that they were supporters of Rangers FC and members of the Protestant faith, when he used the expression “hun”.
Complaint made to the GDPR Supervisory Judge
Aug 29, 2023
A complaint that there had been a breach of personal data by a Sheriff at Falkirk Sheriff Court has not been upheld by the GDPR Supervisory Judge.
Greene King Limited and others against the Lord Advocate
Jul 7, 2023
A Judicial Review of the Tied Pubs (Scotland) Act 2021 has been refused following a hearing at the Court of Session. The Opinion of the court, delivered by the Lord President, Lord Carloway, and published today, upheld the opinion of the judge at first instance in December 2022 that the provisions of the 2021 Act were not outside the Scottish Parliament’s legislative competence.
Peter Ralph Averbuch & Others for Judicial Review of the City of Edinburgh Council Short Term Lets Licensing Policy
Jun 8, 2023
The Court of Session has partially upheld a challenge to the City of Edinburgh Council’s Short-Term Let (STL) Licensing Policy.
Appeal against conviction by John Watt v HMA
Feb 3, 2023
The Criminal Appeal Court has refused an appeal against conviction in the case of HMA v John Watt. Lord Woolman, sitting with Lord Pentland and Lady Wise, found that there had been no miscarriage of justice in Mr Watt’s conviction for historical rape and sexual abuse.
David Grier against The Lord Advocate and The Chief Constable of Police Scotland
Dec 20, 2022
The Court of Session has refused an appeal by David Grier in an action for damages for malicious prosecution against the Lord Advocate and the Chief Constable of Police Scotland.
Billy Graham Evangelistic Association v Scottish Event Campus Limited
Oct 25, 2022
Sheriff John N McCormick has found that the Scottish Event Campus Limited discriminated against Billy Graham Evangelistic Association by terminating an agreement on the basis of a protected characteristic in terms of the Equality Act 2010 following a hearing at Glasgow Sheriff Court. The court awarded damages to the extent of £97,325.32
The BBC v The Rt Hon Lady Smith, Chair of the Scottish Child Abuse Inquiry
Feb 23, 2022
The BBC has won an appeal against the Chair of the Scottish Child Abuse Inquiry (SCAI) in relation to orders she issued restricting the publication of information.
For Women Scotland v the LA & the Scottish Ministers
Feb 18, 2022
The organisation ‘For Women Scotland’ has won an appeal against the Scottish Ministers in relation to the definition of ‘woman’ used in legislation aimed at increasing the number of women on public boards.
X v Sheriff Jack Brown, SCTS and the Lord Advocate
Feb 8, 2022
A Court of Session judge has quashed a tribunal decision in relation to the conduct of a sheriff towards a court lawyer.
School and Nursery Milk Alliance v Scottish Ministers
Jan 28, 2022
A Court has upheld the challenge by a coalition of organisations to the legality of a regulation around providing milk and healthy snacks to pre-school children.
Scottish Creel Fishermen's Federation v Scottish Ministers (reclaiming motion)
Dec 23, 2021
The Scottish Ministers have won an appeal in the Court of Session against the Scottish Creel Fishermen’s Federation.
Greenpeace
Oct 7, 2021
Greenpeace have lost an appeal which sought to halt oil exploitation in the North Sea.
Martin Keatings
Apr 30, 2021
An appeal brought by a Scottish independence campaigner against the Advocate General for Scotland and the Lord Advocate has been refused by an appellate Division of the Court of Session.
Success of churches in Court of Session action
Mar 24, 2021
An action at the Court of Session challenging the lawfulness of the closure of places of worship in Scotland has been successful.