Kilts were banned in Scotland for decades following the Jacobite rebellion

[FossilHunter]

So, one judge, in one case made a determination, thereby setting precedent. However, it was never codified into law by HM nor Parliament.
Would this decision still hold any legitimacy in modern British law, even though it would never have any real chance of being enacted/enforced?
Further side question- pipers, although typically unarmed when piping, would still not qualify as noncombatants, like chaplins and medics?

I would guess that a uniformed piper marching across no man's land with the other troops would be viewed and treated like any other enemy combatant by the German lines. He'd still be a part of the attack.