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 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 Introduction In [2025] CSOH 102 (Outer House, Court of...
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 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 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 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 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 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 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 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 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 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 Introduction Decision: Opinion of Lord Richardson,...
QOCS Tender-Delay Exception Clarified: Objective Reasonableness Test and a Non-Variable 75% Cap on Pursuer’s Liability Commentary on Peter Gasper v The Partners of Tain & Fearn Medical Practice and...
Misrepresentations as Continuing Acts, Broad s6(4) Suspension, and Court of Session Jurisdiction for Consumer Credit Act Unfairness in Group Proceedings Introduction In William Mackie (Representative...
Curtain Principle and Midcouple Requirement Reaffirmed: No “Solum Rights” Without a Pleaded Link in Title; Contractual Access May Be Vindicated Without Proving Ownership Introduction This Outer House...
Continuing misrepresentation defers prescription and s140B Consumer Credit Act remedies are justiciable in Court of Session group proceedings: Commentary on Batchelor v Opel [2025] CSOH 93...
FOISA section 12 costs are assessed by reference to how information is actually held: no public-interest override and no duty to upgrade systems Introduction This commentary examines the decision of...
Unknown and Unaccepted Repudiation Is “Writ in Water”: Practical Utility as a Gatekeeper for Declarators in Disciplinary Context Case: Adrian Russo v The Council of the Law Society of Scotland...