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  • Commentaries

Scotland Case Commentaries

Six-Year-Old’s Objection Considered but Given Little Weight Where Influenced; Prompt Return Ordered Despite Consent-to-Travel History

Six-Year-Old’s Objection Considered but Given Little Weight Where Influenced; Prompt Return Ordered Despite Consent-to-Travel History

Date: Dec 24, 2025
Six-Year-Old’s Objection Considered but Given Little Weight Where Influenced; Prompt Return Ordered Despite Consent-to-Travel History 1. Introduction Petition of IK ([2025] CSOH 123, Lord Braid,...
Fair-Notice Pleadings Interrupt Quinquennium; Consequential-Loss Hold-Harmless Clauses Exclude Profit Claims Only Within the Contract’s Own Performance Sphere

Fair-Notice Pleadings Interrupt Quinquennium; Consequential-Loss Hold-Harmless Clauses Exclude Profit Claims Only Within the Contract’s Own Performance Sphere

Date: Dec 24, 2025
Fair-Notice Pleadings Interrupt Quinquennium; Consequential-Loss Hold-Harmless Clauses Exclude Profit Claims Only Within the Contract’s Own Performance Sphere Case: Pipeline Cleaning Solutions LTD...

    Fresh Evidence, Alleged Collusion and the “Reasonable Jury” Test in Sexual Offence Appeals:
    Commentary on Kyle Kernachan v HM Advocate [2025] HCJAC 54

Fresh Evidence, Alleged Collusion and the “Reasonable Jury” Test in Sexual Offence Appeals: Commentary on Kyle Kernachan v HM Advocate [2025] HCJAC 54

Date: Dec 23, 2025
Fresh Evidence, Alleged Collusion and the “Reasonable Jury” Test in Sexual Offence Appeals: Commentary on Kyle Kernachan v HM Advocate [2025] HCJAC 54 1. Introduction This decision of the Appeal...
Continuing Wrongful Retention and Limits on Article 13(b) Defences under the Hague Convention: Commentary on HL v LL [2025] CSIH 32

Continuing Wrongful Retention and Limits on Article 13(b) Defences under the Hague Convention: Commentary on HL v LL [2025] CSIH 32

Date: Dec 23, 2025
Continuing Wrongful Retention and Limits on Article 13(b) Defences under the Hague Convention: Commentary on HL v LL [2025] CSIH 32 1. Introduction This commentary analyses the decision of the Extra...
Primacy of Common Habitual Residence under Rome II in UK Cross-Border Torts: Commentary on Popa v XDP Ltd [2025] CSOH 119

Primacy of Common Habitual Residence under Rome II in UK Cross-Border Torts: Commentary on Popa v XDP Ltd [2025] CSOH 119

Date: Dec 23, 2025
Primacy of Common Habitual Residence under Rome II in UK Cross-Border Torts: Commentary on Popa v XDP Ltd [2025] CSOH 119 1. Introduction The decision of Lord Uist in Lacramioara Popa and others v...
KYC Formalities Do Not, Without Clear Intention, Make an Instructing Law Firm Personally Liable for Fees – Commentary on DAC Beachcroft Claims (Scotland) Ltd v Mohammed Al Dahbashi Advocates [2025] CSOH 120

KYC Formalities Do Not, Without Clear Intention, Make an Instructing Law Firm Personally Liable for Fees – Commentary on DAC Beachcroft Claims (Scotland) Ltd v Mohammed Al Dahbashi Advocates [2025] CSOH 120

Date: Dec 23, 2025
KYC Formalities Do Not, Without Clear Intention, Make an Instructing Law Firm Personally Liable for Fees Commentary on DAC Beachcroft Claims (Scotland) Ltd v Mohammed Al Dahbashi Advocates, [2025]...
Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116

Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116

Date: Dec 17, 2025
Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116 1. Introduction This Outer House decision of...
JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting

JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting

Date: Dec 17, 2025
JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting 1. Introduction This opinion of Lord Braid in the Outer House of the Court of...
V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct

V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct

Date: Dec 12, 2025
V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct 1. Introduction The decision of Lady Tait in Petition...
DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions

DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions

Date: Dec 12, 2025
DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions 1. Introduction In DM v EF [2025] CSOH 115, Lord Braid, sitting in the Outer House of the Court of...
Court of Session on “Prevention of Access” and Standing in Challenges to Traffic Regulation Orders – Norman Esslemont v Aberdeen City Council [2025] CSIH 31

Court of Session on “Prevention of Access” and Standing in Challenges to Traffic Regulation Orders – Norman Esslemont v Aberdeen City Council [2025] CSIH 31

Date: Dec 12, 2025
Court of Session Clarifies “Prevention of Access” and Substantial Prejudice in Challenges to Traffic Regulation Orders: Norman Esslemont v Aberdeen City Council [2025] CSIH 31 1. Introduction This...
MS v MM [2025] CSOH 113: Section 41 Family Law Act 1986 Has No Extra‑Territorial Effect

MS v MM [2025] CSOH 113: Section 41 Family Law Act 1986 Has No Extra‑Territorial Effect

Date: Dec 5, 2025
MS v MM [2025] CSOH 113: Section 41 Family Law Act 1986 Has No Extra‑Territorial Effect 1. Introduction This decision of the Outer House of the Court of Session, MS v MM and another ([2025] CSOH 113,...
Parens Patriae Override of a Capacitated Under‑16’s Refusal of Blood: Adoption of the Three‑Stage “E” Framework in Scotland

Parens Patriae Override of a Capacitated Under‑16’s Refusal of Blood: Adoption of the Three‑Stage “E” Framework in Scotland

Date: Dec 5, 2025
Parens Patriae Override of a Capacitated Under‑16’s Refusal of Blood: Adoption of the Three‑Stage “E” Framework in Scotland 1. Introduction In Petition of a Scottish Health Board for the court to...
Mandatory Ultrasound Referral for Fundal Height Discrepancies: Commentary on Claire Bayne or Wilkie v Tayside Health Board [2025] CSOH 111

Mandatory Ultrasound Referral for Fundal Height Discrepancies: Commentary on Claire Bayne or Wilkie v Tayside Health Board [2025] CSOH 111

Date: Dec 5, 2025
Mandatory Ultrasound Referral for Fundal Height Discrepancies: Commentary on Claire Bayne or Wilkie v Tayside Health Board [2025] CSOH 111 1. Introduction This case concerns catastrophic birth injury...
Clarifying Interim and Permanent Homelessness Duties under the Housing (Scotland) Act 1987: Commentary on Petition by Y v Glasgow City Council [2025] CSIH 30

Clarifying Interim and Permanent Homelessness Duties under the Housing (Scotland) Act 1987: Commentary on Petition by Y v Glasgow City Council [2025] CSIH 30

Date: Dec 5, 2025
Clarifying Interim and Permanent Homelessness Duties under the Housing (Scotland) Act 1987: Commentary on Petition by Y v Glasgow City Council [2025] CSIH 30 1. Introduction This Inner House decision...
Indirect Discrimination, Discretionary Exemptions and the Public Sector Equality Duty in Prison Mail Policies – Commentary on Petition of William Frederick Ian Beggs [2025] CSOH 112

Indirect Discrimination, Discretionary Exemptions and the Public Sector Equality Duty in Prison Mail Policies – Commentary on Petition of William Frederick Ian Beggs [2025] CSOH 112

Date: Dec 5, 2025
Indirect Discrimination, Discretionary Exemptions and the Public Sector Equality Duty in Prison Mail Policies Commentary on Petition of William Frederick Ian Beggs for Judicial Review [2025] CSOH 112...
PB v HM Advocate [2025] HCJAC 53: Timeous Objection, Volunteered Prejudicial Evidence and Judicial Discretion in Re‑examination

PB v HM Advocate [2025] HCJAC 53: Timeous Objection, Volunteered Prejudicial Evidence and Judicial Discretion in Re‑examination

Date: Dec 3, 2025
PB v HM Advocate [2025] HCJAC 53: Timeous Objection, Volunteered Prejudicial Evidence and Judicial Discretion in Re‑examination Court: Appeal Court, High Court of Justiciary (Scotland) Neutral...
Strangulation, Home Invasion and the Limits of Community Sentencing: Commentary on HMA v Moran or Macdonald [2025] HCJAC 52

Strangulation, Home Invasion and the Limits of Community Sentencing: Commentary on HMA v Moran or Macdonald [2025] HCJAC 52

Date: Dec 2, 2025
Strangulation, Home Invasion and the Limits of Community Sentencing: Commentary on HM Advocate v Helen Heather Moran or Macdonald [2025] HCJAC 52 1. Introduction This commentary analyses the decision...
A Duty to Act Swiftly: Delay, Dangerous Buildings and Expenses in Academic Judicial Review under Section 29 of the Building (Scotland) Act 2003

A Duty to Act Swiftly: Delay, Dangerous Buildings and Expenses in Academic Judicial Review under Section 29 of the Building (Scotland) Act 2003

Date: Dec 2, 2025
A Duty to Act Swiftly: Delay, Dangerous Buildings and Expenses in Academic Judicial Review under Section 29 of the Building (Scotland) Act 2003 1. Introduction This commentary examines the Opinion of...
Dixon v Angus Council: Significant Travel‑Generating Uses, Rural Crematoria and the Application of NPF4

Dixon v Angus Council: Significant Travel‑Generating Uses, Rural Crematoria and the Application of NPF4

Date: Nov 28, 2025
Dixon v Angus Council: Significant Travel‑Generating Uses, Rural Crematoria and the Application of NPF4 1. Introduction This commentary examines the decision of the First Division of the Inner House...
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