PBW Law wins judicial review for Glasgow councillor

Cllr Fiona Higgins has won a judicial review against the Standards Commission for Scotland, represented throughout by Professor Peter Watson, Solicitor Advocate and Sole Equity Partner at PBW Law.

The case concerned the Commission's refusal to admit thirteen documents Cllr Higgins wished to rely on at a disciplinary hearing into an alleged breach of the Councillors' Code of Conduct. Lord Sandison ruled that seven of these documents had been unlawfully excluded, identifying significant flaws in the Commission's reasoning for refusing them.

Professor Watson said the judgment carries wider significance for regulatory and disciplinary proceedings in Scotland. Questions of relevancy, he noted, are "ultimately matters of law," and courts should lean toward admitting evidence where genuine doubt exists. He added that the ruling also clarifies the availability of judicial review in this context, confirming that a later statutory right of appeal does not always offer an effective remedy where a party faces an unfair hearing before a tribunal.