Loss of Support in Scots Fatal Claims: No Compensable Loss Where Passive Investment Income Seamlessly Passes to the Dependant Court: Outer House, Court of Session | Judge: Lord Malcolm | Citation:...
Section 275 After Daly & Keir: Post‑Allegation Intimacy Evidence, Dignity/Privacy Limits, and No Miscarriage Where the Jury Already Heard the Essence 1) Introduction In CS v His Majesty’s Advocate...
Post‑Inquiry Updates and the Tameside Duty: Materiality Threshold for Section 36 Decisions Where ADLS Deliverability is Uncertain Introduction In ScottishPower Renewables (UK) Ltd v The Scottish...
Unilateral Promise by an Optionholder Can Extinguish or Curtail Option Rights, and Waiver/Personal Bar Cannot Revive Them 1. Introduction In Kirkwood Homes Limited against Cameron [2026] CSOH 88,...
No Damages for Trade Mark Infringement Without Proved Loss: Iniuria Sine Damno Applied in Scots IP Litigation 1) Introduction In McCandlish Farmhouse Confectionery Ltd against Michael Malone and...
Schedule of Condition as a Non‑Exclusive Evidential Cap on Yielding-Up: Repair and Decoration Obligations in Long Commercial Sub-Leases Court: Scottish Court of Session, First Division (Inner House)...
Supervisory Complaints about Curators ad Litem: No Legitimate Expectation of Investigation and No Judicial Review Where the Complaint Seeks to Re-open Litigation Merits 1. Introduction In Petition of...
Interim aliment may include prospective legal fees in exceptional cases despite section 22 of the Family Law (Scotland) Act 1985 1. Introduction In JK against LAK [2026] CSOH 83 (Outer House, Court...
Strangulation as an Inherently Grave Assault: Severe Sentencing, No Consent Defence, and Robust Use of Non-Harassment Orders Court: High Court of Justiciary (Appeal Court), Scotland Citation: [2026]...
Eviction from Unauthorised Traveller Encampments: UNCRC 2024 Compatibility and Article 8 Proportionality Do Not Require “Culturally Appropriate” Alternative Accommodation Before Decree Court: Outer...
Enforcement of Adjudicators’ Awards: “Time at Large” as a Consequence of Rejecting a Party’s Case Does Not, Without More, Breach Natural Justice 1. Introduction In Entexol Ltd v Sked Construction Ltd...
Section 11A TCEA 2007: “Procedural Defect” Means Process Unfairness, Not Alleged Error of Law, and Requires a Genuinely Disputable Gateway Case Court: Outer House, Court of Session Judge: Lady...
Parens patriae in Scotland: Court of Session may authorise urgent treatment despite parental refusal, but not routine immunisation Court: Scottish Court of Session (Outer House) | Judge: Lord Braid |...
Refusal to Reassess Age: Minimal Reasons Suffice Absent New, Objectively Verifiable Evidence 1. Introduction In Thuyen Van Nguyen for Judicial Review ([2026] CSOH 78), the Outer House of the Court of...
Asset-stripping to connected companies when insolvency is “bordering” triggers creditor-duty breach and director unfitness under CDDA 1986 s6 Court: Scottish Court of Session, Outer House Judge: Lord...
Judicial Review to Prevent Unfair Standards Commission Hearings and Limits on Excluding Relevant Evidence Introduction In Petition of Fiona Higgins for Judicial Review of decisions of the Standards...
RCS 63.6A Directions: Executors of a Lloyd’s “Name” May Distribute an Estate Without Retention Where Post‑1993 Liabilities Are Remote and Protected by RITC/Exeat/New Central Fund 1. Introduction In...
Parole for Life Prisoners: Release Test Not Confined to “Life and Limb” Violence 1. Introduction In Petition of Walter Thomson for Judicial Review of a decision of the Parole Board for Scotland dated...
NPF4 Renewable Energy Support Does Not Displace Geographically-Specific LDP “Countryside Around Towns” Policies: Policy 11’s Balance Is Proposal-Impact Focused, While Plan-Wide Balancing Sits Under...
Interim GMC Orders: Post-Criminal Disposal Extensions Require Evidence-Based Risk and Proportionate, Focused Investigation 1. Introduction In Petition of The General Medical Council for an order in...