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Janys M Scott QC
- Work 0131 260 5697
Family law, financial provision on divorce, adoption, child abduction, education, incapable adults, human rights. Principal cases include: Sanderson v McManus (1997) 1 FLR 980,  SC (HL) 55 (House of Lords decision on contact with child); T v T (2001) SC 337 (five judge appeal on children’s evidence); S v Miller (2001) SC 977 (Inner House, human rights challenge to children’s hearing system); Anderson v Scottish Ministers (2003) AC 602, (2002) SC (PC) 63 (Privy Council, mental health, human rights challenge to Act of Scottish Parliament); White v White (2002) SC 689 (appeal, child contact); Coyle v Coyle 2004 FamLR 2 (financial provision on divorce); Glasgow Council v H (2004) SC 189 (appeal, exclusion order); M Petitioner (2005) SLT 2 (child abduction); Cameron v Maclntyre’s Executor (2004) SLT 79 (OH), (2006) SC 283, (2006) SLT 176 (IH) (reduction of adoption order) and  SLT 1088 (expenses of executor); Crossan v South Lanarkshire Council (2006) SLT 441 (judicial review, social work duties in respect of child with disabilities); Sim v Argyll & Bute Council (2006) SLT 970 (judicial review, education, additional support needs, transport); Ahmed v Ahmed (2006) SC 165 (appeal, talaq divorce, reduction of Scottish divorce); Surowiak v Dennehy (2007) SLT (Sh Ct) 37 (child, jurisdiction of sheriff court in Scotland, EC Council Regulation 2201/2003); A v A (2007) FamLR 43 (child retained in Pakistan, Pakistan Protocol); S v Edinburgh City Council (2007) FamLR 2 (statutory appeal from decision of Additional Support Needs Tribunal, interpretation of ‘cost’ when comparing independent school with public education); Gordon v Argyll and Bute Council (2007) FamLR 76 (statutory appeal from decision of Additional Support Needs Tribunal, jurisdiction of Tribunal); JT v Stirling Council (2007) FamLR 88 (statutory appeal from decision of Additional Support Needs Tribunal, interpretation of ‘significant’ additional support); Fernandez v Fernandez (2007) SCLR 244 (decree by default, appeal); AB v CD (2007) FamLR 53 (divorce, property in offshore trust); Lessani v Lessani (2007) FamLR 81 (divorce, effect of sequestration on financial provision); WA’s Legal Representative v Highland Council  CSIH 51, (2008) FamLR 130 (Inner House decision of appeal from Additional Support Needs Tribunal); East Lothian Council, petitioner  CSOH 137, 2008 SLT 921 (judicial review in relation to school placing request); petition of Mr and Mrs LV for an adoption order  CSOH 180; Watt v Watt (2009) SLT 931; M v M and W Trustees Ltd (2009) SLT 608 (Outer House),  CSIH 62 (Inner House),  FAM LR 119;  CSOH 33 (claim to set aside transfer of funds to a trust in order to fund financial provision on divorce); H v H 2010 SLT 395 (relocation, separation of siblings); Principal Reporter v K  1 WLR 18 (Supreme Court, human rights challenge to exclusion of unmarried father from children’s hearing); H v City of Edinburgh Council  CSOH 8 (Judicial Review of Sheriff’s Refusal of School Placing Request); East Lothian Council v S,  CSIH3, 2012 FamLR 7 (Appeal, permanence order, authority to adopt); Murtaza v Murtaza  CSOH 214, 2012 Fam LR 14 (Suspension of Contact Order, Sheriff Court Procedure); S v S  CSIH 17, 2012 Fam LR 32 (appeal, relocation of child); W v Aberdeenshire Council  CSIH 37, 2012 Fam LR 91 (Appeal, Permanence Order, Authority to Adopt); Gow v Grant  UKSC 29, 2012 SLT 829 (Successful Appeal to the Supreme Court, Financial Provision for Cohabitant); Simpson v Downie  CSIH 74, 2012 Fam LR 121 (Appeal, Statutory Interpretation, time-limit for Cohabitant’s Financial Provision Claim); S v Authority Reporter 2012 SLT (Sh Ct) 89 (Sheriff Principal Appeal, Referral to Children’s Hearing, alleged assault by parent). Many other reported cases on aspects of family law in Scotland. Appears regularly in Inner and Outer Houses of Court of Session and in sheriff courts. Recent successful appeal to the Supreme Court.
Called 1992; took Silk 2007; articled clerk, Oxford 1974-76; assistant lecturer Sulaimaniyah University, Iraq 1976-78; solicitor, Oxford 1978-86; solicitor, Edinburgh 1987-91; advocate, Scotland since 1992; visiting bye-fellow Newnham College, Cambridge April-September 2002; appointed part-time sheriff 2005; Murray Stable director and director of Faculty Services Ltd 2006-2010. Author of ‘Education Law in Scotland’; The Laws of Scotland, Stair Memorial Encyclopaedia (education section); editor of ‘Green’s Family Law Reports’; contributor to ‘Court of Session Practice’, ‘Green’s Scottish Human Rights Service’, ‘Butterworth’s Scottish Family Law Service’.
Hon lecturer Dundee University 1989-94; convenor Scottish Child Law Centre 1992-97; chairman Stepfamily Scotland 1998-2002; member Adoption Policy Review Group for Scottish Executive 2003 to 2005; vice-chair Advocates’ Family Law Association 2000 to present; member Family Law Committee of Law Society of Scotland 2003 to present; chairman British Association for Adoption and Fostering Scottish Legal Group 2004-10; UK Delegate to CCBE Family Law Working Group 2012 to present.
Queen Elizabeth’s Grammar School for Girls, Barnet; Newnham College, Cambridge (1974 MA History and Law).
Education; Family - children; Family - matrimonial