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  • Commentaries

Scotland Case Commentaries

Assessing Sentencing Proportionality in Domestic Homicide: A Comprehensive Analysis of [2024] HCJAC 50

Assessing Sentencing Proportionality in Domestic Homicide: A Comprehensive Analysis of [2024] HCJAC 50

Date: Dec 18, 2024
Assessing Sentencing Proportionality in Domestic Homicide: A Comprehensive Analysis of [2024] HCJAC 50 Introduction The case of Colin Kennedy versus His Majesty's Advocate ([2024] HCJAC 50)...
Admissibility of Expert Reports in Malicious Prosecution: Insights from MacGregor v Livingstone [2024] CSOH 109

Admissibility of Expert Reports in Malicious Prosecution: Insights from MacGregor v Livingstone [2024] CSOH 109

Date: Dec 18, 2024
Admissibility of Expert Reports in Malicious Prosecution: Insights from MacGregor v Livingstone [2024] CSOH 109 Introduction MacGregor v Livingstone [2024] CSOH 109 is a pivotal case adjudicated in...
Discrimination under Article 14 in Mental Health Legislation: Insights from MC (fe/la) for Judicial Review ([2024] CSOH 107)

Discrimination under Article 14 in Mental Health Legislation: Insights from MC (fe/la) for Judicial Review ([2024] CSOH 107)

Date: Dec 6, 2024
Discrimination under Article 14 in Mental Health Legislation: Insights from MC (fe/la) for Judicial Review ([2024] CSOH 107) Introduction The case of MC (fe/la) for Judicial Review (Court of Session)...
HCJAC Establishes Rigorous Standards for Admissibility of Fresh Evidence in Miscarriage of Justice Claims

HCJAC Establishes Rigorous Standards for Admissibility of Fresh Evidence in Miscarriage of Justice Claims

Date: Dec 4, 2024
HCJAC Establishes Rigorous Standards for Admissibility of Fresh Evidence in Miscarriage of Justice Claims Introduction The case of Darren Hughes versus HIS MAJESTY'S ADVOCATE, adjudicated by the...
Circumstantial Evidence and Its Weight: Analysis of HMA v Michael Porchetta [2024] HCJ 4

Circumstantial Evidence and Its Weight: Analysis of HMA v Michael Porchetta [2024] HCJ 4

Date: Dec 4, 2024
Circumstantial Evidence and Its Weight: Analysis of HMA v Michael Porchetta [2024] HCJ 4 Introduction The High Court of Justiciary in Scotland recently delivered a significant judgment in the case of...
Parens Patriae Authority in Medical Treatment for Unrepresented Minors: A Health Board v KL [2024] CSOH 108

Parens Patriae Authority in Medical Treatment for Unrepresented Minors: A Health Board v KL [2024] CSOH 108

Date: Dec 4, 2024
Parens Patriae Authority in Medical Treatment for Unrepresented Minors: A Health Board v KL [2024] CSOH 108 Introduction The case A Health Board in respect of KL ([2024] CSOH 108) adjudicated by Lady...
“Statutory Relevant-Person Status is Inviolable:  Lady Carmichael’s Re-statement of the Limits on Children’s Hearings”

“Statutory Relevant-Person Status is Inviolable: Lady Carmichael’s Re-statement of the Limits on Children’s Hearings”

Date: Nov 27, 2024
“Statutory Relevant-Person Status is Inviolable: Lady Carmichael’s Re-statement of the Limits on Children’s Hearings” 1. Introduction In Petition of A for Judicial Review ([2024] CSOH 106) Lady...
Ensuring Procedural Fairness in Administration Extensions: Analysis of [2024] CSOH 105

Ensuring Procedural Fairness in Administration Extensions: Analysis of [2024] CSOH 105

Date: Nov 25, 2024
Ensuring Procedural Fairness in Administration Extensions: Analysis of [2024] CSOH 105 Introduction The case of Anthony John Wright and Alastair Rex Massey vs. Scottish Court of Session ([2024] CSOH...
Establishing Boundaries through Evidence: Court of Session in Elizabeth Mary Rose v Baston [2024] CSOH 104

Establishing Boundaries through Evidence: Court of Session in Elizabeth Mary Rose v Baston [2024] CSOH 104

Date: Nov 21, 2024
Establishing Boundaries through Evidence: Court of Session in Elizabeth Mary Rose v Baston [2024] CSOH 104 Introduction In the case of Elizabeth Mary Rose against Richard Huw Baston and others...
Interpretation of National Planning Framework 4's Mitigation Hierarchy in Wildcat Haven v Scottish Ministers [2024] CSIH 39

Interpretation of National Planning Framework 4's Mitigation Hierarchy in Wildcat Haven v Scottish Ministers [2024] CSIH 39

Date: Nov 21, 2024
Interpretation of National Planning Framework 4's Mitigation Hierarchy in Wildcat Haven v Scottish Ministers [2024] CSIH 39 Introduction The case of Wildcat Haven Community Interest Company against...
Establishing the Duty to Provide Adequate Reasons in Social Care Assessments: CM vs Western Isles Council [2024] CSOH 103

Establishing the Duty to Provide Adequate Reasons in Social Care Assessments: CM vs Western Isles Council [2024] CSOH 103

Date: Nov 21, 2024
Establishing the Duty to Provide Adequate Reasons in Social Care Assessments: CM vs Western Isles Council [2024] CSOH 103 Introduction The case of CM vs Western Isles Council ([2024] CSOH 103)...
Firm Limits on Novel Expert Evidence: Biomechanical Simulations and Probabilistic Credibility Assessments Are Inadmissible Absent a Verifiable Factual Basis and Necessity (Christie v HMA [2024] HCJAC 52)

Firm Limits on Novel Expert Evidence: Biomechanical Simulations and Probabilistic Credibility Assessments Are Inadmissible Absent a Verifiable Factual Basis and Necessity (Christie v HMA [2024] HCJAC 52)

Date: Nov 16, 2024
Firm Limits on Novel Expert Evidence: Biomechanical Simulations and Probabilistic Credibility Assessments Are Inadmissible Absent a Verifiable Factual Basis and Necessity (Christie v HMA [2024] HCJAC...
Sexual Autonomy Prevails Over Performative Intent: Insights from HCJAC 47

Sexual Autonomy Prevails Over Performative Intent: Insights from HCJAC 47

Date: Nov 15, 2024
Sexual Autonomy Prevails Over Performative Intent: Insights from HCJAC 47 Introduction The case of Stuart Mitchell Kennedy versus Procurator Fiscal, Aberdeen ([2024] HCJAC 47) presents a significant...
Enhanced Procedural Fairness in Discharge of Probationary Constables: Insights from the Petition of XY [2024] CSOH 102

Enhanced Procedural Fairness in Discharge of Probationary Constables: Insights from the Petition of XY [2024] CSOH 102

Date: Nov 14, 2024
Enhanced Procedural Fairness in Discharge of Probationary Constables: Insights from the Petition of XY [2024] CSOH 102 Introduction The case, Petition of XY for Judicial Review ([2024] CSOH 102),...
Strengthening Child Welfare in Immigration Decisions: CD v Secretary of State for Home Department [2024] CSOH 101

Strengthening Child Welfare in Immigration Decisions: CD v Secretary of State for Home Department [2024] CSOH 101

Date: Nov 13, 2024
Strengthening Child Welfare in Immigration Decisions: CD v Secretary of State for Home Department [2024] CSOH 101 Introduction The case CD v Secretary of State for the Home Department [2024] CSOH...
Slater and Gordon UK LTD v Darknell-King: Establishing Tripartite Contractual Relationships and Refining Professional Negligence Standards

Slater and Gordon UK LTD v Darknell-King: Establishing Tripartite Contractual Relationships and Refining Professional Negligence Standards

Date: Nov 9, 2024
Slater and Gordon UK LTD v Darknell-King: Establishing Tripartite Contractual Relationships and Refining Professional Negligence Standards Introduction The case of Hayley Darknell-King against Slater...
Dale House Developments Ltd v Ronnie and Ryden LLP: Upholding Enhanced Standards for Independent Valuations in Property Development

Dale House Developments Ltd v Ronnie and Ryden LLP: Upholding Enhanced Standards for Independent Valuations in Property Development

Date: Nov 7, 2024
Dale House Developments Ltd v Ronnie and Ryden LLP: Upholding Enhanced Standards for Independent Valuations in Property Development Introduction Case Title: Dale House Developments Ltd against Brian...
Establishing the Relevant Date for Cohabitation Cessation: Insights from CD v ND (2024) CSOH 98

Establishing the Relevant Date for Cohabitation Cessation: Insights from CD v ND (2024) CSOH 98

Date: Nov 2, 2024
Establishing the Relevant Date for Cohabitation Cessation: Insights from CD v ND (2024) CSOH 98 Introduction The case of CD against ND (Court of Session) [2024] CSOH 98 is a landmark judicial...
Enforcement of Full and Frank Disclosure in Interim Judicial Factor Appointments: McAlister v Panda Rosa Metals [2024] CSOH 97

Enforcement of Full and Frank Disclosure in Interim Judicial Factor Appointments: McAlister v Panda Rosa Metals [2024] CSOH 97

Date: Nov 1, 2024
Enforcement of Full and Frank Disclosure in Interim Judicial Factor Appointments: McAlister v Panda Rosa Metals [2024] CSOH 97 Introduction The case of Rodney Vincent McAlister v Panda Rosa Metals...
Establishing Limits on Transferred Loss Claims in Scottish Contract Law: Analysis of Forthwell LTD v PontegaDEA (2024) CSIH 38

Establishing Limits on Transferred Loss Claims in Scottish Contract Law: Analysis of Forthwell LTD v PontegaDEA (2024) CSIH 38

Date: Nov 1, 2024
Establishing Limits on Transferred Loss Claims in Scottish Contract Law: Analysis of Forthwell LTD v PontegaDEA (2024) CSIH 38 Introduction The case of Forthwell LTD v PontegaDEA (2024) CSIH 38...
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