Janys M Scott QCJanys M Scott QC


Year of Call: 1992

Year of Silk: 2007

Devil Masters: The Hon. Lady Smith, G. J. B. Moynihan QC

Qualifications: M.A. (Hons) (History and Law), University of Cambridge (Newnham College) 1974

Biography:
Murray Stable Director. Janys Scott qualified and practised as a solicitor in England and in Scotland before entering the Scottish bar.  She has served as Convenor of the Scottish Child Law Centre (1992 - 1997) and of Stepfamily Scotland (1998 - 2002). She was part of the Scottish Executive's Adoption Policy Review Group, which reported in 2005.  She specialises in family law, including divorce.  She is also a recognised expert in education law.  In 2005 Mrs Scott was appointed a part-time sheriff. She is a director of Faculty Services Ltd.

Cases:
Cases include:

  • Sanderson v McManus [1997] 1 FLR 980, 1997 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)
  • S v N 2002 SLT 589 (appeal, status of foster parents in children's hearing proceedings)
  • Anderson v Scottish Ministers [2003] AC 602, 2002 SC (PC) 63 (Privy Council, mental health, human rights challenge to Act of Scottish Parliament)
  • Guild v City of Edinburgh 2002 SCLR 92 (judicial review, education, child with special needs)
  • 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 MacIntyre's Executor 2004 SLT 79 (OH), 2006 SC 283, 2006 SLT 176 (IH) (reduction of adoption order) and 2006 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 (juducial review, education, additional support needs, transport)
  • Surowiak v Dennehy, 2007 SLT (Sh Ct) 37, 2006 FamLR 66 (Child, Jurisdiction of sheriff court in Scotland, EC Council Regulation 2201/2003)
  • Ahmed v Ahmed, 2006 SC 165 (appeal, talaq divorce, reduction of Scottish divorce)
  • 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 & 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)

Publications:
Education Law in Scotland, Thomson/W Green (2003); Scottish Human Rights Service (Family and Education sections), W Green/Sweet & Maxwell; Scottish Family Law Service(formerly Parental Responsibilities and Rights and Adoption sections, now Education section), Butterworths; Court of Session Practice (Family section), Tottel; Co-editor of Family Law Reports, W Green.

Appointments:
Chairman of the Scottish Legal Group for the British Association for Adoption and Fostering; Vice-chair of Advocates' Family Law Association; Honorary Lecturer Glasgow Caledonian University  (Department of Psychology).

Further Information:
Worked as lecturer in Sulaimaniyah, Iraq 1976 - 78.  As Honorary Lecturer Dundee University 1989 - 1994 set up, taught and examined Law Module of Certificate in Child Protection Studies.  Visiting Bye-Fellow Newnham College, Cambridge, April - September 2002.