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  • Commentaries

Scotland Case Commentaries

When a Child Wants to Return: Child’s Wishes, Parental Suicide Risk and the Article 13(b) “Intolerable Situation” Defence in DM, Petition [2025] CSOH 109

When a Child Wants to Return: Child’s Wishes, Parental Suicide Risk and the Article 13(b) “Intolerable Situation” Defence in DM, Petition [2025] CSOH 109

Date: Nov 28, 2025
When a Child Wants to Return: Child’s Wishes, Parental Suicide Risk and the Article 13(b) “Intolerable Situation” Defence in DM, Petition [2025] CSOH 109 1. Introduction This Outer House decision of...
Reusing Expert Evidence and Retrospective Certification of Skilled Witnesses: Commentary on Spence v Graham [2025] CSOH 108

Reusing Expert Evidence and Retrospective Certification of Skilled Witnesses: Commentary on Spence v Graham [2025] CSOH 108

Date: Nov 28, 2025
Reusing Expert Evidence and Retrospective Certification of Skilled Witnesses: Commentary on Spence v Graham [2025] CSOH 108 1. Introduction This commentary examines the Opinion of Lord Braid in...
Clarifying the Duty to Assess Innocent Mistake in Immigration Deception Findings: Commentary on AM (AP) v Secretary of State for the Home Department [2025] CSOH 107

Clarifying the Duty to Assess Innocent Mistake in Immigration Deception Findings: Commentary on AM (AP) v Secretary of State for the Home Department [2025] CSOH 107

Date: Nov 27, 2025
Clarifying the Duty to Assess Innocent Mistake in Immigration Deception Findings: Commentary on AM (AP) for Judicial Review [2025] CSOH 107 1. Introduction This judicial review in the Outer House of...
Braganza Duties, Lay Representation and Winding‑Up Petitions in Scots Law: Commentary on Innovate UK Loans Ltd v Wootzano Ltd [2025] CSOH 106

Braganza Duties, Lay Representation and Winding‑Up Petitions in Scots Law: Commentary on Innovate UK Loans Ltd v Wootzano Ltd [2025] CSOH 106

Date: Nov 25, 2025
Braganza Duties, Lay Representation and Winding‑Up Petitions in Scots Law: Commentary on Innovate UK Loans Ltd v Wootzano Ltd [2025] CSOH 106 1. Introduction This commentary examines the opinion of...

    No Common‑Law Duty to Consult or Give Reasons on Council Land Disposals, but
    Community Councils Have Standing: Commentary on Helensburgh Community Council
    for Judicial Review [2025] CSOH 105

No Common‑Law Duty to Consult or Give Reasons on Council Land Disposals, but Community Councils Have Standing: Commentary on Helensburgh Community Council for Judicial Review [2025] CSOH 105

Date: Nov 25, 2025
No Common‑Law Duty to Consult or Give Reasons on Council Land Disposals, but Community Councils Have Standing: Commentary on Helensburgh Community Council for Judicial Review [2025] CSOH 105 1....
Remorse, Electronic Monitoring Credit and Undue Leniency: Commentary on HM Advocate v STP [2025] HCJAC 51

Remorse, Electronic Monitoring Credit and Undue Leniency: Commentary on HM Advocate v STP [2025] HCJAC 51

Date: Nov 22, 2025
Remorse, Electronic Monitoring Credit and Undue Leniency: Commentary on HM Advocate v STP [2025] HCJAC 51 1. Introduction The decision of the Appeal Court, High Court of Justiciary in HM Advocate v...
Historic Tax Non‑Compliance Does Not Bar Wage‑Loss; Consent Breach Can Materially Cause SSD: Commentary on Brian Taylor v Forth Valley Health Board [2025] CSOH 103

Historic Tax Non‑Compliance Does Not Bar Wage‑Loss; Consent Breach Can Materially Cause SSD: Commentary on Brian Taylor v Forth Valley Health Board [2025] CSOH 103

Date: Nov 19, 2025
Historic Tax Non‑Compliance Does Not Bar Wage‑Loss; Consent Breach Can Materially Cause Somatic Symptom Disorder (SSD) Case Overview Citation: [2025] CSOH 103 (Outer House, Court of Session). Judge:...
Reponing after Implement Is Incompetent and Reponing Notes Cannot Be Amended on Appeal: Sheriff Appeal Court in Mostafa & Ors v Abo Tamer Ltd

Reponing after Implement Is Incompetent and Reponing Notes Cannot Be Amended on Appeal: Sheriff Appeal Court in Mostafa & Ors v Abo Tamer Ltd

Date: Nov 12, 2025
Reponing after Implement Is Incompetent and Reponing Notes Cannot Be Amended on Appeal: Sheriff Appeal Court in Mostafa & Ors v Abo Tamer Ltd Citation: [2025] SAC (Civ) 37 (EDI-A378-25) Court:...
De minimis Loss of Ancient Woodland under NPF4 Policy 6(b)(i) Can Be Outweighed; Adequate Reasons May Be Supplied by a Report of Handling

De minimis Loss of Ancient Woodland under NPF4 Policy 6(b)(i) Can Be Outweighed; Adequate Reasons May Be Supplied by a Report of Handling

Date: Nov 8, 2025
De minimis Loss of Ancient Woodland under NPF4 Policy 6(b)(i) Can Be Outweighed; Adequate Reasons May Be Supplied by a Report of Handling Introduction In [2025] CSOH 102 (Outer House, Court of...
Certified Dilapidations Cost as the Landlord’s Only Remedy Quoad Condition: HFD Glasgow 3 Ltd v Student Loans Company Ltd [2025] CSOH 101

Certified Dilapidations Cost as the Landlord’s Only Remedy Quoad Condition: HFD Glasgow 3 Ltd v Student Loans Company Ltd [2025] CSOH 101

Date: Nov 8, 2025
Certified Dilapidations Cost as the Landlord’s Only Remedy Quoad Condition Case: HFD Glasgow 3 Limited v Student Loans Company Limited Citation: [2025] CSOH 101 (Outer House, Court of Session) Judge:...
Gatekeeping, Not Adjudication: The Limited Role of the National Appeal Panel Chair and the Exhaustion of Statutory Remedies in Scottish Pharmaceutical Services Appeals

Gatekeeping, Not Adjudication: The Limited Role of the National Appeal Panel Chair and the Exhaustion of Statutory Remedies in Scottish Pharmaceutical Services Appeals

Date: Nov 7, 2025
Gatekeeping, Not Adjudication: The Limited Role of the National Appeal Panel Chair and the Exhaustion of Statutory Remedies in Scottish Pharmaceutical Services Appeals 1. Introduction This commentary...
JU v NU [2025] CSOH 118: Relocation, Coercive Control and the Court’s Duty to Choose the “Least Bad” Welfare Option

JU v NU [2025] CSOH 118: Relocation, Coercive Control and the Court’s Duty to Choose the “Least Bad” Welfare Option

Date: Nov 7, 2025
JU v NU [2025] CSOH 118: Relocation, Coercive Control and the Court’s Duty to Choose the “Least Bad” Welfare Option 1. Introduction This commentary examines the decision of Lord Braid in JU v NU...
“Could, Not Ought”: Inner House Clarifies Section 26(2)(e) FAIs — Sheriffs Must Record Any Reasonable Precautions Even Where Another Reasonable Option Was Taken

“Could, Not Ought”: Inner House Clarifies Section 26(2)(e) FAIs — Sheriffs Must Record Any Reasonable Precautions Even Where Another Reasonable Option Was Taken

Date: Nov 5, 2025
“Could, Not Ought”: Inner House Clarifies Section 26(2)(e) FAIs — Sheriffs Must Record Any Reasonable Precautions Even Where Another Reasonable Option Was Taken Introduction In Dr Karen Duncan v The...
Functional Pleading Under the Hague Convention: Misdescription of Removal/Retention and Uncertain Date Do Not Defeat a Return Order ([2025] CSOH 100)

Functional Pleading Under the Hague Convention: Misdescription of Removal/Retention and Uncertain Date Do Not Defeat a Return Order ([2025] CSOH 100)

Date: Nov 5, 2025
Functional Pleading Under the Hague Convention: Misdescription of Removal/Retention and Uncertain Date Do Not Defeat a Return Order Introduction This commentary examines the opinion of Lord Braid in...
Horsley v SLCC: No “Best Evidence” or Investigative Duty at Eligibility Stage; Objective Basis Required for Allegations of Document Falsification

Horsley v SLCC: No “Best Evidence” or Investigative Duty at Eligibility Stage; Objective Basis Required for Allegations of Document Falsification

Date: Nov 5, 2025
Horsley v SLCC: No “Best Evidence” or Investigative Duty at Eligibility Stage; Objective Basis Required for Allegations of Document Falsification Introduction In [2025] CSIH 28 (31 October 2025), the...
Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition (Gavenaite v Lord Advocate)

Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition (Gavenaite v Lord Advocate)

Date: Oct 30, 2025
Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition Case: Appeal under section 26 of the...
F v F and A [2025] CSOH 99: The Section 18 Tripartite Test Confirmed, and a Fair‑Value Transfer Method for Part‑Inherited Homes

F v F and A [2025] CSOH 99: The Section 18 Tripartite Test Confirmed, and a Fair‑Value Transfer Method for Part‑Inherited Homes

Date: Oct 28, 2025
F v F and A [2025] CSOH 99: The Section 18 Tripartite Test Confirmed, and a Fair‑Value Transfer Method for Part‑Inherited Homes Introduction In F against F and A [2025] CSOH 99, Lord Stuart (Outer...
Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator

Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator

Date: Oct 23, 2025
Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator Court: Appeal Court, High Court of Justiciary (Scotland)...
Beyond Beveridge: Distress as Non-Corroborative Yet Admissible, and the Primacy of Mutual Corroboration—TH v HM Advocate [2025] HCJAC 46

Beyond Beveridge: Distress as Non-Corroborative Yet Admissible, and the Primacy of Mutual Corroboration—TH v HM Advocate [2025] HCJAC 46

Date: Oct 23, 2025
Beyond Beveridge: Distress as Non-Corroborative Yet Admissible, and the Primacy of Mutual Corroboration—TH v HM Advocate [2025] HCJAC 46 Introduction In TH v His Majesty’s Advocate [2025] HCJAC 46,...
Undoing Unlawful Re-entry: Clarifying interim possession under section 47(2) and recall standards amid late buy‑out offers in sequestration sales

Undoing Unlawful Re-entry: Clarifying interim possession under section 47(2) and recall standards amid late buy‑out offers in sequestration sales

Date: Oct 17, 2025
Undoing Unlawful Re-entry: Clarifying interim possession under section 47(2) and recall standards amid late buy‑out offers in sequestration sales Introduction Decision: Opinion of Lord Richardson,...
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