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  • Commentaries

Scotland Case Commentaries

Gallagher: Post‑Injury Complications Count as “Harm”, Attacks on Public Officials Aggravate, and Late s.76 Pleas Attract Reduced Discounts — A New Sentencing Benchmark for Life‑Endangering Knife Assaults

Gallagher: Post‑Injury Complications Count as “Harm”, Attacks on Public Officials Aggravate, and Late s.76 Pleas Attract Reduced Discounts — A New Sentencing Benchmark for Life‑Endangering Knife Assaults

Date: Aug 16, 2025
Gallagher: Post‑Injury Complications Count as “Harm”, Attacks on Public Officials Aggravate, and Late s.76 Pleas Attract Reduced Discounts — A New Sentencing Benchmark for Life‑Endangering Knife...
Lamont v HMA [2025] HCJAC 39: Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately

Lamont v HMA [2025] HCJAC 39: Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately

Date: Aug 14, 2025
Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately Case: Appeal against Conviction by...
Recalling Scottish “Search” Orders for Material Non-Disclosure: Lord Lake’s Clarification of the Duty of Full and Frank Disclosure

Recalling Scottish “Search” Orders for Material Non-Disclosure: Lord Lake’s Clarification of the Duty of Full and Frank Disclosure

Date: Aug 12, 2025
Recalling Scottish “Search” Orders for Material Non-Disclosure: Lord Lake’s Clarification of the Duty of Full and Frank Disclosure Introduction The decision of Lord Lake in Petition of PE Ltd and...
“The Intrinsic-Issue Principle”: Lord Sandison Clarifies the Scope of Serious Irregularity Appeals under Rule 68

“The Intrinsic-Issue Principle”: Lord Sandison Clarifies the Scope of Serious Irregularity Appeals under Rule 68

Date: Aug 12, 2025
“The Intrinsic-Issue Principle”: Lord Sandison Clarifies the Scope of Serious Irregularity Appeals under Rule 68 1. Introduction Arbitration Appeal No 2 of 2024 concerns a farming partnership dispute...
Wallace v Wallace: Latent Dividend-Tax on Private-Company Wealth as a “Special Circumstance” – A Qualified Departure from Equal Sharing

Wallace v Wallace: Latent Dividend-Tax on Private-Company Wealth as a “Special Circumstance” – A Qualified Departure from Equal Sharing

Date: Aug 12, 2025
Wallace v Wallace: Latent Dividend-Tax on Private-Company Wealth as a “Special Circumstance” – A Qualified Departure from Equal Sharing 1. Introduction The Outer House decision of Lady Carmichael in...
“The Maximum-Separation Principle” – Outer House Clarifies Limits on Continuous Parental Absence and the Treatment of Irrelevant Abuse Allegations in Shared-Care Disputes (JN v SN [2025] CSOH 72)

“The Maximum-Separation Principle” – Outer House Clarifies Limits on Continuous Parental Absence and the Treatment of Irrelevant Abuse Allegations in Shared-Care Disputes (JN v SN [2025] CSOH 72)

Date: Aug 12, 2025
“The Maximum-Separation Principle” Outer House, Court of Session offers new guidance on the optimum length of continuous absence from each parent and on excluding non-germane abuse allegations in...
Reaffirming the Primacy of Statutory Rating-Appeal Remedies over Judicial Review in Non-Domestic Rates Avoidance: A Commentary on Bridgeport Estates Ltd v Highland Council [2025] CSOH 69

Reaffirming the Primacy of Statutory Rating-Appeal Remedies over Judicial Review in Non-Domestic Rates Avoidance: A Commentary on Bridgeport Estates Ltd v Highland Council [2025] CSOH 69

Date: Aug 7, 2025
Reaffirming the Primacy of Statutory Rating-Appeal Remedies over Judicial Review in Non-Domestic Rates Avoidance A Detailed Commentary on Bridgeport Estates Ltd v Highland Council [2025] CSOH 69 1....
HMA v JSH – Re-asserting the Jury’s Role in Determining Mutual Corroboration in Domestic Sexual Abuse Cases

HMA v JSH – Re-asserting the Jury’s Role in Determining Mutual Corroboration in Domestic Sexual Abuse Cases

Date: Aug 7, 2025
HMA v JSH – Re-asserting the Jury’s Role in Determining Mutual Corroboration in Domestic Sexual Abuse Cases Introduction The Appeal Court of the High Court of Justiciary has, in HMA v JSH ([2025]...
“Gan v HMA: The Refined Test for When a Section 28 Defence Must Go to the Jury in ‘Concerned in Supply’ Prosecutions”

“Gan v HMA: The Refined Test for When a Section 28 Defence Must Go to the Jury in ‘Concerned in Supply’ Prosecutions”

Date: Aug 6, 2025
Gan v HMA: The Refined Test for When a Section 28 Defence Must Go to the Jury in ‘Concerned in Supply’ Prosecutions 1. Introduction In Choon Seng Gan v HM Advocate ([2025] HCJAC 32) the Scottish High...
Spontaneity No Shield: The “Farquhar Benchmark” on Punishment Parts for Knife-Murders Aggravated by Post-Offence Conduct

Spontaneity No Shield: The “Farquhar Benchmark” on Punishment Parts for Knife-Murders Aggravated by Post-Offence Conduct

Date: Aug 2, 2025
Spontaneity No Shield: The “Farquhar Benchmark” on Punishment Parts for Knife-Murders Aggravated by Post-Offence Conduct 1. Introduction In John Farquhar v. HMA ([2025] HCJAC 36) the Scottish Appeal...
Glass v HM Advocate (2025):  Implied Admissions, Jury Common-Sense, and the Limits of Mandatory Directions

Glass v HM Advocate (2025): Implied Admissions, Jury Common-Sense, and the Limits of Mandatory Directions

Date: Jul 30, 2025
Glass v HM Advocate (2025): Implied Admissions, Jury Common-Sense, and the Limits of Mandatory Directions Introduction The Scottish High Court of Justiciary, sitting as a three-judge Appeal Court,...
Parent-Company Support as a Defence to Diligence on the Dependence: Commentary on Mermaid Subsea Services (UK) Ltd v James Fisher Offshore Ltd [2025] CSOH 68

Parent-Company Support as a Defence to Diligence on the Dependence: Commentary on Mermaid Subsea Services (UK) Ltd v James Fisher Offshore Ltd [2025] CSOH 68

Date: Jul 30, 2025
Parent-Company Support as a Defence to Diligence on the Dependence In-Depth Commentary on Mermaid Subsea Services (UK) Ltd v James Fisher Offshore Ltd [2025] CSOH 68, Court of Session (Outer House)...
Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH for Orders under the Child Abduction and Custody Act 1985 [2025] CSOH 67

Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH for Orders under the Child Abduction and Custody Act 1985 [2025] CSOH 67

Date: Jul 26, 2025
Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH [2025] CSOH 67 1. Introduction In DBH for orders under the...
“No Ejection Necessary” – The Court of Session Clarifies Local Authorities’ Immediate Duty to Accommodate Children under s 25(1)(c) of the Children (Scotland) Act 1995

“No Ejection Necessary” – The Court of Session Clarifies Local Authorities’ Immediate Duty to Accommodate Children under s 25(1)(c) of the Children (Scotland) Act 1995

Date: Jul 24, 2025
“No Ejection Necessary” – The Court of Session Clarifies Local Authorities’ Immediate Duty to Accommodate Children under s 25(1)(c) of the Children (Scotland) Act 1995 1. Introduction The Outer House...
“Final Means Final” — Lord Sandison’s Definitive Construction of s 11A(4)(a) TCEA 2007 on Late Upper Tribunal Applications

“Final Means Final” — Lord Sandison’s Definitive Construction of s 11A(4)(a) TCEA 2007 on Late Upper Tribunal Applications

Date: Jul 22, 2025
“Final Means Final” — Lord Sandison’s Definitive Construction of s 11A(4)(a) TCEA 2007 on Late Upper Tribunal Applications Introduction The Outer House of the Court of Session, in Petition of Mohamed...
Adams v HMA: The “Materiality Threshold” for Late Disclosure & Desertion in Scottish Criminal Trials

Adams v HMA: The “Materiality Threshold” for Late Disclosure & Desertion in Scottish Criminal Trials

Date: Jul 21, 2025
Adams v HMA: The “Materiality Threshold” for Late Disclosure & Desertion in Scottish Criminal Trials Introduction The Scottish High Court of Justiciary in Adams v HMA ([2025] HCJAC 30) has delivered...
“Pre-Incident Duty of Care to Vulnerable Service Users” — A Commentary on NM v Henderson & Scottish Ambulance Service [2025] CSIH 22

“Pre-Incident Duty of Care to Vulnerable Service Users” — A Commentary on NM v Henderson & Scottish Ambulance Service [2025] CSIH 22

Date: Jul 21, 2025
“Pre-Incident Duty of Care to Vulnerable Service Users” Commentary on NM v (1) Henderson & (2) Scottish Ambulance Service [2025] CSIH 22 1. Introduction In NM v Henderson & Scottish Ambulance Service...
Disentangling Allegation Information from Risk Assessments: The Beggs Principle on Parole Board “Irrelevant Considerations”

Disentangling Allegation Information from Risk Assessments: The Beggs Principle on Parole Board “Irrelevant Considerations”

Date: Jul 16, 2025
Disentangling Allegation Information from Risk Assessments: The Beggs Principle on Parole Board “Irrelevant Considerations” Introduction In William Frederick Ian Beggs v Parole Board for Scotland...
Statutory Group Procedure Supersedes Common-Law Restrictions on Joint & Several Pleadings: Commentary on Paul Bell v Volvo & Others [2025] CSOH 64

Statutory Group Procedure Supersedes Common-Law Restrictions on Joint & Several Pleadings: Commentary on Paul Bell v Volvo & Others [2025] CSOH 64

Date: Jul 16, 2025
Statutory Group Procedure Supersedes Common-Law Restrictions on Joint & Several Pleadings: Commentary on Paul Bell v Volvo Car Corporation & Others [2025] CSOH 64 1. Introduction Paul Bell sought (i)...
“Constraint Benefits” Re-defined:  PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases

“Constraint Benefits” Re-defined: PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases

Date: Jul 15, 2025
“Constraint Benefits” Re-defined: PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases 1. Introduction In Glenfiddich Wind Ltd v Dorenell Windfarm Ltd ([2025]...
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