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Country Guidance on Protection Risk Does Not Preclude Article 8 “Very Significant Obstacles” Claims: Quashing of Section 94 Certification in SV [2025] CSOH 88 Introduction This commentary examines...
“Reconsideration” under the NHS (Pharmaceutical Services) (Scotland) Regulations 2009: Limited Remit, Conditional Admission of New Evidence, and Successor Contractors’ Standing to Appeal Case...
No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland Introduction In AN v Renfrewshire Council and others [2025] CSOH...
No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43) Introduction In Scott McDonald v His Majesty’s...
The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985 Introduction In Nicola Drummond or...
Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82 Introduction This...
Fletcher: Indefinite, Digitally‑Tailored Non‑Harassment Orders and Compensation as Core Sentencing Tools in Serious Domestic Abuse; Custody Still a Last Resort for First‑Time Adult Offenders...
No duty on an interdictee to “mitigate” by seeking recall: continuing wrong, damages and interest in wrongful interdict – McGowan v Springfield Properties PLC [2025] CSOH 81 Introduction This Outer...
“Resided Together” Means Living as Spouses: First Scottish Guidance on Paragraph 8(c) DMPA 1973 and Habitual Residence in Cross‑Border Divorce Commentary on JMS against HMS (Court of Session) [2025]...
Mutual Corroboration Across Long Intervals and Objective Indecency: Jury Primacy Reaffirmed in HMA v CM [2025] HCJAC 40 Introduction This appeal under section 107A of the Criminal Procedure...
“Reasonableness” as the Shield: When Local Authorities Escape Liability for Expenses in Child-Protection Interdicts 1. Introduction Case: "A" Council for Interdict ([2025] CSOH 78), Opinion of Lord...
Continuing trustees retain title and interest to oppose a judicial factor’s proposals where the estate has not been sequestrated Introduction This commentary analyzes the Outer House decision of the...
Sentencing Hierarchy Confirmed: Rape of a Young Child Merits Significantly Higher Penalties – Commentary on H.M. Advocate v. McMahon & Lambert [2025] HCJAC 34 1. Introduction The Scottish High Court...
Pojda v Lord Advocate (No 2) [2025] HCJAC 33: Scottish High Court Re-Affirms the “Exceptionally Severe” Article 8 Threshold in Extradition Cases 1. Introduction The High Court of Justiciary, sitting...
The Primacy of Procedural Compliance over EU-Law Defences: Dougall v HMA and the Necessity of a Compatibility-Issue Minute Introduction In Dougall v HMA ([2025] HCJAC 35) the Scottish Appeal Court...
Subjective Intention Inferred from Objective Facts & the Sufficiency of Brevity: Heptagon Portfolio Arbroath Ltd v Angus Council [2025] CSOH 75 1. Introduction This Outer House decision, delivered by...
Refining the Efficiency Criterion: Lord Young Clarifies the Threshold for Group Proceedings under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 1. Introduction In Michelle...
“Privilege No Bar” – The Outer Limits of the SLCC’s Sifting Function after Levy & McRae Solicitors LLP v Scottish Legal Complaints Commission [2025] CSIH 23 1. Introduction This Inner House decision,...
The “Dual-Track” Test for Anti-Rates-Avoidance: Dunston Dunfermline Nominees Ltd v Fife Council 1. Introduction In Dunston Dunfermline Nominees Ltd for Judicial Review of a decision of Fife Council...