Scottish Human Rights Law Group

The Inner House rejected the claim that statutory provision which failed to provide for recovery of expenses (costs) from the respondents incurred by the petitioner in the course of his ultimately successful appeal against a listed building enforcement notice requiring him to restore certain panels to his private house, a listed building, was contrary to his Convention rights.  The Court …

It was held that the refusal of an application to extend a club’s permitted hours, which effectively closed the business, amounted to interference with possessions but that the decision could not be viewed as disproportionate in terms of the purpose of the legislation, namely the protection of the environment.
Scot Courts Report

the pursuers, who were owners variously of fishing rights and of land abutting a beach which lay adjacent to Dounreay nuclear power station, sought a declarator that the defender was in breach of its duties under Section 7 of the Nuclear Installations Act 1965 after particles of nuclear matter had been found on the beach. The pursuer claimed that their …

The Inner House rejected the claim that statutory provision which failed to provide for recovery of expenses from the respondents.  The expenses were incurred by the petitioner in the course of his, ultimately successful, appeal against a listed building enforcement notice requiring him to restore certain panels to his private house, a listed building, was contrary to Article 8 ECHR.  …

This was a petition for judicial review by a developer of a decision by the Scottish Ministers to call in an application for listed building consent, and to appoint a reporter to hear a public inquiry in relation to that application following the notification of opposition to the proposed development by Historic Scotland, an executive agency of the Scottish Ministers.   …