I think that's right; this was an appeal against a decision of the First-tier Tribunal on a preliminary issue which proceeded on agreed hypothetical facts. I haven't been able to locate the First-tier Tribunal's decision which was under appeal (otherwise I would have linked to it in my blog post).
The Upper Tribunal has recently issued a decision in an appeal where the issue of legal professional privilege was the central matter of concern in relation to a FOI request made to the Cabinet Office in 2020. I have written on my blog about that decision: blog.alistairsloan.co.uk/2026/04/20/p...
Received this in a recent FOI request acknowledgment from a Scottish public authority…might be more convenient for the authority, but given the need to be able to evidence the request should you need to go to the Commissioner it’s somewhat inappropriate
Thank you.
Interesting question; I suspect not. Each case will turn on its own particular circumstances. Individual decisions of the SIC (or of public authorities) don't set precedent and everyone now has this decision from the Court of Session (which does) to take into account in future cases.
I've written on my blog about last week's important decision from the Court of Session looking at the interaction between legal professional privilege and FOI law: blog.alistairsloan.co.uk/2026/03/30/s...
#FOI #Scotland #LPP #FreedomofInformation
I have written on my blog about last week's important ECJ case on if and when a controller can refuse a subject access request as excessive on the grounds that it is excessive, even where it is a first request by a data subject to a controller: blog.alistairsloan.co.uk/2026/03/25/r...
21 years on and FOI is still seen as an "extra" that is "nice to have" that distracts and removes people from the authority's "core services" rather than a legal obligation that is one of those "core services."
Watched Louis Theroux’s documentary on the “manosphere”. I’m sorry, but the name HS Tiky Tocky (or whatever it is) is about as far from “Alpha” as you can get…
I wrote to my MP (@brianleishmanmp.bsky.social) about this issue. The argument advanced by the UK Govt is fundamentally disingenuous and the Scottish Govt has tried several times recently to reduce/remove juries. Success in England and Wales would likely spur them on to try again.
Why do companies insist on a recorded message that says they’re experiencing higher than usual call volumes? Everyone knows it’s a lie; it’s simply they don’t employ enough people. In the last two days I’ve phoned @arnoldclark.bsky.social TSB and @virginmedianews.bsky.social; all have said the same.
This is a good piece, but the attacks on Dorothy Bain are not the only recent example of attempts to undermine trust in the legal system for political gain, and the press and others who have been insinuating wrongdoing on the flimsiest of evidence are also complicit.
Indeed. It is a concern that good candidates will not put themselves forward which will only be to the detriment of the office and the system as a whole.
Labour governments don't come along often; it would, therefore, be good if this so-called Labour government actually started acting like a Labour government.
The Scottish Government has announced a 13% increase in civil, criminal and children's legal aid fees with effect from 1 September 2026: www.gov.scot/news/legal-a...
Interesting point because, of course, the "devolution jursidiction" in relation to criminal cases in Scotland (a wholly new invention in 1998) initially rested with the JCPC (e.g. DS v HM Advocate was heard by the JCPC, not the Appellate Committee of the House of Lords)
Kier and Daily are an example of the UKSC exercising its "devolution jurisdiction"; it's difficult to see how questions around the convention compliance of the Scots law of evidence and criminal procedure can be directly read over to, for example, E&W as binding precedent.
Indeed; which is itself a very odd provision given that there are substantial differences between the devolution schemes operating in Scotland, Northern Ireland and Wales.
I recall Lady Justice Whipple (as she now is) having some issues in a Tax appeal which went from the Upper Tribunal to the Court of Session: Taylor Clarke Leisure Plc v The Commissioners for Her Majesty's Revenue and Customs [2015] CSIH 32
There's also oddities around precedent too where issues of the distinct legal systems are in play as well as "pure" Employment law. The Supreme Court isn't even a unified court either: see section 41 of the Constitutional Reform Act 2005
Once you get out of the tribunals though it gets complicated; there isn't a unified court structure for appeals. Scottish EAT/UT appeals go to the Court of Session, for example. The ET even has a separate Scottish president and Employment Judges in Scotland are appointed separately etc.
Indeed. There isn't really anything called "UK law" (a bug bear of mine) - Statutes passed by the UK Parliament which extend to Scotland form part of Scots law; they're not separate and distinct in the way that, for example, US Federal law is from the law of New Jersey or California.
The proposals will be interesting. It's not, of course, the first time a policing agency has been given the unofficial title of "Britain's FBI" - both the Serious and Organised Crime Agency and the National Crime Agency were given that seam title when they were proposed.
In Scotland, we have recently passed regulatory reform of the legal sector. One proposal which didn't make it into what is now the Regulation of Legal Services (Scotland) Act 2025 was for there to be a single regulatory body.
Indeed. The Practice Note does state that a Lord Ordinary will usually fix a permission hearing where they are minded to refuse permission. Petitioner is certainly starting from a position of weakness at a permission hearing.
It's certainly not a guaranteed refusal of permission.
You're right, it is. I hadn't noticed that initially (although the first clue should have been the 09:30 start which is when permission hearings usually take place).
On Monday the Court of Session will hear a judicial review of the decision to make an order under the Terrorism Act 2000 proscribing Palestine Action. The hearing, before Lord Young, appears as though it is to be livestreamed: www.scotcourts.gov.uk/livestream/
I have written a short blog post on the Scottish Government's consultation on extending FOI laws to care homes and care at home services provided by private and third sector organisations: blog.alistairsloan.co.uk/2026/01/08/s...
MSPs will debate legal aid reform this afternoon following an important inquiry into Civil Legal Assistance in Scotland
▶️Watch the debate at www.scottishparliament.tv/
#LegalAidMatters #AccessToJustice
