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  • Commentaries

Scotland Case Commentaries

Duty of Care in Employment: Insights from George Carroll v. Dumfries and Galloway Council [2024] CSOH 81

Duty of Care in Employment: Insights from George Carroll v. Dumfries and Galloway Council [2024] CSOH 81

Date: Aug 21, 2024
Duty of Care in Employment: Insights from George Carroll v. Dumfries and Galloway Council [2024] CSOH 81 Introduction The case of George Carroll against Dumfries and Galloway Council ([2024] CSOH 81)...
Prescriptive Period Commencement and Burden of Proof in Wrongful Interim Interdicts: Insights from McGowan v. Springfield Properties Plc [2024] CSIH 31

Prescriptive Period Commencement and Burden of Proof in Wrongful Interim Interdicts: Insights from McGowan v. Springfield Properties Plc [2024] CSIH 31

Date: Aug 21, 2024
Prescriptive Period Commencement and Burden of Proof in Wrongful Interim Interdicts: Insights from McGowan v. Springfield Properties Plc [2024] CSIH 31 Introduction The case of Martin McGowan v....
Exclusion of Enrolled Solicitors from Lay Representation: Saddiq Ahmed v Kamall Ahmed [2024] CSIH 25

Exclusion of Enrolled Solicitors from Lay Representation: Saddiq Ahmed v Kamall Ahmed [2024] CSIH 25

Date: Aug 14, 2024
Exclusion of Enrolled Solicitors from Lay Representation: Saddiq Ahmed v Kamall Ahmed [2024] CSIH 25 Introduction The case of Saddiq Ahmed against Kamall Ahmed ([2024] CSIH 25) adjudicated by the...
Lawful Deductions from State Pension Credit for Social Fund Loans: Analysis of [2024] CSOH 79

Lawful Deductions from State Pension Credit for Social Fund Loans: Analysis of [2024] CSOH 79

Date: Aug 10, 2024
Lawful Deductions from State Pension Credit for Social Fund Loans: Analysis of [2024] CSOH 79 Introduction The case of Alan Houston v Secretary of State for Work and Pensions ([2024] CSOH 79)...
Clarifying Indemnity Obligations: Insights from Flemming Hansen v Close Invoice Finance LTD [2024] CSOH 78

Clarifying Indemnity Obligations: Insights from Flemming Hansen v Close Invoice Finance LTD [2024] CSOH 78

Date: Aug 10, 2024
Clarifying Indemnity Obligations: Insights from Flemming Hansen v Close Invoice Finance LTD [2024] CSOH 78 Introduction The case of Flemming Hansen against Close Invoice Finance LTD ([2024] CSOH 78)...
Duty to Consult Fairly in Public Planning Decisions: The Cains Trustees Case

Duty to Consult Fairly in Public Planning Decisions: The Cains Trustees Case

Date: Aug 10, 2024
Duty to Consult Fairly in Public Planning Decisions: The Cains Trustees Case Introduction The case of Cains Trustees (Jersey) LTD and another for Judicial Review of a decision of the Highland Council...
Timing of Equality Impact Assessments Under the Equality Act 2010: Aberdeen City Council Judicial Review [2024] CSOH 77

Timing of Equality Impact Assessments Under the Equality Act 2010: Aberdeen City Council Judicial Review [2024] CSOH 77

Date: Aug 8, 2024
Timing of Equality Impact Assessments Under the Equality Act 2010: Aberdeen City Council Judicial Review [2024] CSOH 77 Introduction The case of Simon McLean v Aberdeen City Council filed as [2024]...
Enforcement of Public Access Rights in Planning Decisions: Insights from Petition of Gregory Brown [2024] CSOH 76

Enforcement of Public Access Rights in Planning Decisions: Insights from Petition of Gregory Brown [2024] CSOH 76

Date: Aug 7, 2024
Enforcement of Public Access Rights in Planning Decisions: Insights from Petition of Gregory Brown [2024] CSOH 76 Introduction The case of Gregory Brown v Glasgow City Council ([2024] CSOH 76)...
Refining the Child Objection Defense: TS v S [2024] CSIH 24 Decision Analysis

Refining the Child Objection Defense: TS v S [2024] CSIH 24 Decision Analysis

Date: Aug 3, 2024
Refining the Child Objection Defense: TS v S [2024] CSIH 24 Decision Analysis Introduction The case of TS v S ([2024] CSIH 24) adjudicated by the Scottish Court of Session addresses the complex...
Non-Transferrable Obligations in Commercial Leases: Insights from Renfrewshire Council v HR 150 LTD [2024] CSOH 75

Non-Transferrable Obligations in Commercial Leases: Insights from Renfrewshire Council v HR 150 LTD [2024] CSOH 75

Date: Aug 3, 2024
Non-Transferrable Obligations in Commercial Leases: Insights from Renfrewshire Council v HR 150 LTD [2024] CSOH 75 Introduction The case of Renfrewshire Council v HR 150 LTD and others ([2024] CSOH...
Legitimate Expectation and Procedural Fairness in Listed Buildings Appeals: Weiss v Scottish Ministers [2024] CSIH 23

Legitimate Expectation and Procedural Fairness in Listed Buildings Appeals: Weiss v Scottish Ministers [2024] CSIH 23

Date: Aug 3, 2024
Legitimate Expectation and Procedural Fairness in Listed Buildings Appeals: Weiss v Scottish Ministers [2024] CSIH 23 Introduction The case of Weiss Development Company LTD against the Scottish...
Establishing Rigorous Standards for Environmental Impact Assessments: Insights from the Caz Rae Judicial Review

Establishing Rigorous Standards for Environmental Impact Assessments: Insights from the Caz Rae Judicial Review

Date: Aug 2, 2024
Establishing Rigorous Standards for Environmental Impact Assessments: Insights from the Caz Rae Judicial Review Introduction The case of Caz Rae v Glasgow City Council ([2024] CSOH 74) serves as a...
Enhancing Cumulo Sentencing Standards in Scottish Sexual Offence Cases: Insights from HMA v AP [2024] HCJAC 31

Enhancing Cumulo Sentencing Standards in Scottish Sexual Offence Cases: Insights from HMA v AP [2024] HCJAC 31

Date: Aug 1, 2024
Enhancing Cumulo Sentencing Standards in Scottish Sexual Offence Cases: Insights from HMA v AP [2024] HCJAC 31 Introduction The case of HMA v AP [2024] HCJAC 31 marks a significant development in...
Reaffirming Inferences of Non-Consent in Rape Convictions: Cowan v HMA [2024] HCJAC 35

Reaffirming Inferences of Non-Consent in Rape Convictions: Cowan v HMA [2024] HCJAC 35

Date: Aug 1, 2024
Reaffirming Inferences of Non-Consent in Rape Convictions: Cowan v HMA [2024] HCJAC 35 Introduction In the case of Michael Cowan vs. His Majesty's Advocate (HMA), adjudicated by the Scottish High...
Resumption of Cottages in Agricultural Lease: Cadogan Trust v Butler & Butler [2024]

Resumption of Cottages in Agricultural Lease: Cadogan Trust v Butler & Butler [2024]

Date: Jul 31, 2024
Resumption of Cottages in Agricultural Lease: Cadogan Trust v Butler & Butler [2024] Introduction The case of The Trustees of the Eighth Earl Cadogan's 1961 Settlement Trust (Appellants) versus Neil...
Enhanced Scrutiny for Transfer for Treatment Directions: AB v Mental Health Tribunal for Scotland [2024] CSIH 21

Enhanced Scrutiny for Transfer for Treatment Directions: AB v Mental Health Tribunal for Scotland [2024] CSIH 21

Date: Jul 31, 2024
Enhanced Scrutiny for Transfer for Treatment Directions: AB v Mental Health Tribunal for Scotland [2024] CSIH 21 Introduction The case of AB v Mental Health Tribunal for Scotland ([2024] CSIH 21)...
Rationality in Judicial Review of Prison Disciplinary Decisions: Insights from Hannah v Scottish Government

Rationality in Judicial Review of Prison Disciplinary Decisions: Insights from Hannah v Scottish Government

Date: Jul 31, 2024
Rationality in Judicial Review of Prison Disciplinary Decisions: Insights from Hannah v Scottish Government Introduction The case of Brian Hannah v Welsh; Scottish Government Legal Directorate...
Executors Granted Interim Authority in Company Management: Analysis of [2024] CSIH 19

Executors Granted Interim Authority in Company Management: Analysis of [2024] CSIH 19

Date: Jul 27, 2024
Executors Granted Interim Authority in Company Management: Analysis of [2024] CSIH 19 Introduction The case of Petition of A and others (Court of Session) [2024] CSIH 19 addresses a critical issue in...
Clarifying Shadow Directorship in Complex Corporate Structures: DMWSHNZ Ltd v Bank of Scotland Plc [2024] CSIH 18

Clarifying Shadow Directorship in Complex Corporate Structures: DMWSHNZ Ltd v Bank of Scotland Plc [2024] CSIH 18

Date: Jul 27, 2024
Clarifying Shadow Directorship in Complex Corporate Structures: DMWSHNZ Ltd v Bank of Scotland Plc [2024] CSIH 18 Introduction The legal landscape surrounding shadow directorship has been further...
Assynt Holdings Limited Loan Write-Down: Implications for Matrimonial Financial Provision

Assynt Holdings Limited Loan Write-Down: Implications for Matrimonial Financial Provision

Date: Jul 27, 2024
Assynt Holdings Limited Loan Write-Down: Implications for Matrimonial Financial Provision Introduction In the case of Anne Margaret Kelly or McCall against Graham Kenneth McCall ([2024] CSOH 71), the...
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