Janys M Scott KC

Janys M Scott KC is ranked as a star individual in Chambers Directory 2023, family:children and band 1 in family:matrimonial finance.  She is described as “an outstanding silk who is recognised for her roles in leading cases.”  Janys is also ranked in administrative and public law and in relation to civil liberties and human rights. She regularly appears in the Inner House and Outer House of the Court of Session, and has made successful appeals to the Supreme Court. Her remit spans high-value financial provision in addition to complex child law cases. Janys has been described as “the gold standard of advocacy”, “set on a different level by her knowledge of the law”.

The Legal 500 Directory classifies Janys as the leading silk in family law in Scotland, says she “exudes gravitas and is succinct and commanding in court.”.

Janys was featured in The Times Newspaper as “Lawyer of the Week” on 2 August 2012, following victory in the Supreme Court for Jessamine Gow, who was claiming financial provision after the breakdown of a cohabiting relationship.

She is accredited as an arbitrator by the Family Law Arbitration Group Scotland (FLAGS) and a member of the Faculty of Advocates Dispute Resolution Service.

As well as family law, Janys M Scott KC is a recognised expert in education law. She is the author of “Education Law in Scotland” the second edition of which was published in 2016.

Appointments

Originally qualified and practicing as a solicitor in England, Janys saw the light and came to Scotland in 1986. She worked as a Scottish solicitor before entering the Scottish bar in 1992. She has served as Convenor of the Scottish Child Law Centre (1992 – 1997), Stepfamily Scotland (1998 – 2002) and the Scottish Legal Group of the British Association for Adoption and Fostering (2004 – 2010). She was part of the Scottish Executive’s Adoption Policy Review Group, which reported in 2005. In 2005 Janys was appointed a part-time sheriff. She took silk in 2007.

Janys was Chair of the Advocates’ Family Law Association from 2013 to June 2018. She was  President of the Part-Time Sheriffs’ Association from 2018 to 2022 and is UK delegate to Family and Succession Committee of CCBE. She chairs the Board of Trustees of the Association for Fostering Kinship and Adoption Scotland and is the acting chair of the board of  trustees of the Lawyers’ Christian Fellowship. In 2017-2018 she served as an expert panel member for the Strategic Review of Legal Aid. Janys was Director of Westwater Advocates and a Director of Faculty Services Limited from 2019 to 2023.

Cases

Landmark cases as junior counsel 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)
• 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)
• 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)
• AB v CD, 2007 Fam LR 53 (divorce, property in offshore trust)

Cases as senior counsel include:

• Principal Reporter v K, [2010] UKSC 56, [2011] 1 WLR 18 (successful appeal to the Supreme Court, suspension of order allowing unmarried father to attend children’s hearing, challenge to the Children (Scotland) Act 1995 on human rights grounds)
• M v M and W Trustees Limited, [2011] CSOH 33 (successful claim to set aside husband’s transfer of funds to trust, in context of complex claim for financial provision on divorce)
• Gow v Grant, [2012] UKSC 29, 2012 SLT 829 (successful appeal to the Supreme Court, financial provision for cohabitant)
• Simpson v Downie, [2012] CSIH 74, 2012 Fam LR 121 (appeal, statutory interpretation, time-limit for cohabitant’s financial provision claim)
• SW v TW [2013] CSOH 136, 2013 Fam LR 85 (financial provision on divorce, incidence of capital gains tax)
• Highland Council v School Closure Review Panel 2016 SLT (Sh Ct) 207 (challenge to refusal of consent to close rural primary schools)
• AB v AT [2015] CSIH 25; 2015 C. 545 (whether social workers refusing child contact were in contempt of court)
• Fife Council v M [2016] CSIH 17, 2016 SC 556 (challenge to refusal to fund post-18 school place for pupil with disability)
• M v Fife Council [2015] CSIH 74, 2016 S.C. 169 (appeal against permanence order with authority to adopt)
• M v Locality Reporter, Glasgow [2015] CSIH 58, 2016 C. 98 (whether offence of wilful ill-treatment of child requires intent to injure)
• S v Children’s Reporter [2016] CSIH 74, 2017 SC 31 (joint investigative interviews, children’s evidence)
• West Lothian Council v MB [2017] UKSC 15, 2017 SC (UKSC) 67 (successful appeal to the Supreme Court, permanence order)
• JA v WA, [2017] CSOH 93, 2017 Fam LR 94 (financial provision on divorce, source of funds versus needs)
• McDonald v McDonald, [2017] UKSC 52, 2017 SLT 837 (Supreme Court case concerning valuation of pensions in context of financial provision on divorce)
• Principal Reporter v LZ, [2017] CSIH 51, 2017 SLT 961 (EU jurisdiction, child protection orders)
• Secretary of State for Work and Pensions v M, [2017] CSIH 57, 2018 SC 1 (successfully resisting appeal by Secretary of State in relation to personal independence payment – see below in relation to appeal to the UKSC)
• U v Glasgow City Council [2017] CSOH 122, 2017 SLT 1109 (declarator of age for asylum seeker, debate concerning procedure)
• OM (Sudan) v Secretary of State for the Home Department [2018] CSOH 17, 2018 SLT 363 (time limits for removal of asylum seeker under Dublin III Regulation)
• North Lanarkshire Council v KR [2018] CSIH 59, 2018 Fam LR 92 (successful second appeal, reversing decision of Sheriff Appeal Court in relation to permanence order on basis of welfare test)
• City of Edinburgh Council v GD [2018] CSIH 52, 2018 SLT 1145 (successfully resisting second appeal against decision of Sheriff Appeal Court reversing sheriff’s refusal of permanence order in respect of threshold test)
• Fife Council v KPM 2018 SAC (Civ) 25 (successful appeal against refusal of permanence order on basis sheriff misapplied threshold test)
• Secretary of State for Work and Pensions v MM [2019] UKSC 34, 2019 SLT 983 (successfully resisting attempt by SSWP to restrict eligibility for personal independence payments)
• M v Scottish Children’s Reporter Administration [2019] CSIH 37 (appeal relating to children’s hearing)
• MN v ON [2019] SAC 9 (Civ) 35 (appeal against sheriff on basis of apparent bias)
• G v Glasgow City Council [2019] CSIH 45 (evidence in permanence order)
• In the matter of XY [2020] UKSC 26 (one of two cases heard by the UKSC in relation to sibling’s rights in children’s hearings)
• CWR v LVBR [2020] SAC (Civ) 3 (successfully resisting appeal relating to financial provision on divorce)
• W v A [2020] CSIH 55 (successful appeal against order to return child under Hague Convention)
• L v Principal Reporter 2021 SC 146 (reclaiming motion against secure accommodation for child not previously referred to children’s hearing)
• MB v Principal Reporter 2021 SLT 383 (judicial review by sibling seeking to be heard in relation to condition of contact in interim compulsory supervision order)
• ZG (China) v SSHD [2021] CSIH 16 (challenge to tribunals’ decision on basis of non- compliance with s55 of Borders, Citizenship and Immigration Act 2009)
• Philip v Scottish Ministers [2021] CSOH 32 and 52 (successful judicial review challenging regulations requiring closure of churches)
• Re T (A Child) [2021] UKSC 35, [2021] 3 WLR 643 (written submissions to UK Supreme Court on behalf of Commissioner for Children and Young People Scotland, in respect of young people deprived of liberty in accommodation not approved for that purpose)
• A v B [2021] CSIH 52, 2021 SLT 1569 (successful reclaiming motion against dismissal of claim for return of child granted asylum)
• City of Wolverhampton Council v Lord Advocate [2021] CSIH 69, 2022 SLT 1 (intervention by Commissioner for Children and Young People Scotland in application to nobile officium re deprivation of liberty)
• A v B [2022] CSOH 38, 2022 Fam LR 74 (application by parent for return to Qatar of child who had been granted asylum)
• Macdonald v Macdonald [2022] CSOH 84, 2023 Fam LR 2 (complex high value claim for financial provision)
• AD v SD [2023] CSIH 17, 2023 SLT 439 (successful appeal against Hague Convention return order, on grounds of grave risk)
• Foster v Foster [2023] CSIH 35, 2023 Fam LR 128 (successful reclaiming motion against Lord Ordinary’s refusal to order husband to ‘purchase’ wife’s shares)
• Foster v Foster (No 2) [2023] CSIH 44 (claim for expenses)
• W v W [2023] CSOH 72, 2023 Fam LR 138 (successful resistance to relocation order)
• TH v VH [2023] SAC (Civ) 31 (successful resistance to appeal against sheriff’s orders for financial provision).

Publications

• Education Law in Scotland, Thomson/W Green 2^nd Edition (2016);
• Children’s Rights in Scotland, Cleland, (chapter on Adoption), 3rd edition, W Green (2009);
• The Laws of Scotland, Stair Memorial Encyclopaedia (Education section), LexisNexis (2010);
• Law Making and the Scottish Parliament, The Early Years, Sutherland, (chapter on Education), Edinburgh University Press (2011);
• Scottish Education, 5th Edition, (chapter on Education and the Law), Edinburgh University Press (2018);
• 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), Lexis Nexis;
• Court of Session Practice (Family section), Bloomsbury;
• Editor of Family Law Reports, W Green

Various articles including:

• ‘Petrodel v Prest Resources Ltd UKSC 34: Cold Comfort for Mrs Prest in Scotland’ (with E Roxburgh) 2013 SLT (News) 223;
• ‘Divorce Observed: family law in the Court of Session in 1977 and 1978’ 2014 SLT (News) 33,
• ‘What’s in a form? Parenthood of children born following IVF treatment’ (with R Gilmour) 2016 SLT (News) 87,
• ‘Adoption under threat?’ 2018 FLA Bulletin,
• ‘Fair enough?’ 2020 FLA Bulletin,
• ‘Child-friendly justice’ 2022 STEP Journal.
• Opinion for British Red Cross for the purposes of their report “A Healthy Start, Experiences of pregnant and asylum seeking women in Scotland” (2016)
• Opinion for the Children’s Rights Strategic Litigation Working Group on Equal Protection on “The Legality of Scots Law on the Physical Punishment of Children” (2017)

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. Chairman of trust ‘Friends of Petra School’, supporting education in Zimbabwe 2009 – 2020. Decisions and determinations as a part-time sheriff are available on the Scottish Courts website (http://www.scotcourts.gov.uk/).

Mobile: 07967 371 460
Email: Janys M Scott KC

Year of call: 1992

Year of silk: 2007