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Summaries of Court Opinions
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In certain cases the judgment reached by the court may be of public interest or have wider implications beyond the parties involved. In these cases a summary of the court’s opinion will be produced and published along with a link to the full opinion. The summary provides a short explanation of the decision, the main points that it raises and will give an indication of any further proceedings that may be required.
You can search judgments and opinions for individual cases on the Scottish Courts and Tribunals Service’s website. Please note that only in cases where there is a significant point of law or particular public interest will the opinions be published.
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Wednesday, 5 July, 2017
Court Opinions
The Court of Session has dismissed a claim by the former Chair of the Scottish Child Abuse Inquiry that a decision by the Scottish Ministers to instigate the process for terminating her appointment amounted to a material breach of contract and infringed her human rights. The following is a summary of the opinion of Lord Pentland.
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Tuesday, 16 May, 2017
Court Opinions
An appellate Division of the Court of Session has upheld appeals by the Scottish Ministers against orders by a judge at first instance that their decisions to grant consents for the construction of four offshore wind farms in the North Sea were "unlawful".
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Wednesday, 5 April, 2017
Court Opinions
At the Small Claims Court in Edinburgh Sheriff Court Carol Rohan Beyts failed in her claim for damages against Trump International.
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Tuesday, 28 February, 2017
Court Opinions
The Court of Session has ruled that the automatic disclosure by Disclosure Scotland of a deemed conviction for a minor offence of lewd and libidinous practices nearly 28 years ago was unlawful. In a petition for judicial review, Lord Pentland held that mandatory disclosure of the petitioner’s appearance before a Children’s Hearing in 1987 constituted an “unlawful and unjustifiable interference” with his rights under Article 8 of the European Convention on Human Rights. The following is a summary of the opinion:
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Tuesday, 17 January, 2017
Court Opinions
A woman who alleged that she was raped by two footballers on the basis that she was incapable of giving “free agreement” because of the effect of alcohol has been awarded damages after she was found to have proved her case.
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