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  • Commentaries

Scotland Case Commentaries

De Recenti Statements as Corroboration in Criminal Proceedings: Establishing New Precedent in Scottish Law

De Recenti Statements as Corroboration in Criminal Proceedings: Establishing New Precedent in Scottish Law

Date: Oct 31, 2024
De Recenti Statements as Corroboration in Criminal Proceedings: Establishing New Precedent in Scottish Law Introduction The case of References by His Majesty's Advocate against PG and JM ([2024]...
Reaffirmation of 'Exceptional Circumstances' Requirement for Private Prosecutions in Scottish Law

Reaffirmation of 'Exceptional Circumstances' Requirement for Private Prosecutions in Scottish Law

Date: Oct 30, 2024
Reaffirmation of 'Exceptional Circumstances' Requirement for Private Prosecutions in Scottish Law Introduction The case of AB against Paul Cooney ([2024] HCJAC 40) adjudicated by the Scottish High...
Concert of Actions in Homicide: Supreme Clarification in Gardiner and Anderson v HMA [2024] HCJAC 44

Concert of Actions in Homicide: Supreme Clarification in Gardiner and Anderson v HMA [2024] HCJAC 44

Date: Oct 30, 2024
Concert of Actions in Homicide: Supreme Clarification in Gardiner and Anderson v HMA [2024] HCJAC 44 Introduction The case of Gardiner and Anderson v Her Majesty's Advocate (HMA) [2024] HCJAC 44...
Establishing Standards for Group Proceedings Representation: Insights from Milligan v Jaguar Land Rover Automotive Plc [2024] CSOH 96

Establishing Standards for Group Proceedings Representation: Insights from Milligan v Jaguar Land Rover Automotive Plc [2024] CSOH 96

Date: Oct 30, 2024
Establishing Standards for Group Proceedings Representation: Insights from Milligan v Jaguar Land Rover Automotive Plc [2024] CSOH 96 Introduction The case of Steven Blair Milligan against Jaguar...
FES Ltd v HFD Construction Group Ltd: Establishing Notice Provisions as Conditions Precedent in Standard Building Contracts

FES Ltd v HFD Construction Group Ltd: Establishing Notice Provisions as Conditions Precedent in Standard Building Contracts

Date: Oct 26, 2024
FES Ltd v HFD Construction Group Ltd: Establishing Notice Provisions as Conditions Precedent in Standard Building Contracts Introduction The case of FES Ltd against HFD Construction Group Ltd ([2024]...
Reevaluation of Concurrent Sentencing in Cases of Multiple Sexual and Domestic Offences: RMG v HMA [2024] HCJAC 41

Reevaluation of Concurrent Sentencing in Cases of Multiple Sexual and Domestic Offences: RMG v HMA [2024] HCJAC 41

Date: Oct 26, 2024
Reevaluation of Concurrent Sentencing in Cases of Multiple Sexual and Domestic Offences: RMG v HMA [2024] HCJAC 41 Introduction The case of RMG v HMA [2024] HCJAC 41 presents a significant judicial...
Balancing Article 8 ECHR Rights with Public Interest in Extradition: High Court of Justiciary's Decision in RF v Lord Advocate [2024] HCJAC 46

Balancing Article 8 ECHR Rights with Public Interest in Extradition: High Court of Justiciary's Decision in RF v Lord Advocate [2024] HCJAC 46

Date: Oct 26, 2024
Balancing Article 8 ECHR Rights with Public Interest in Extradition: High Court of Justiciary's Decision in RF v Lord Advocate [2024] HCJAC 46 Introduction The case of RF v Lord Advocate representing...
Strict Enforcement of Listed Building Consent: Insights from Saqib Deen v Scottish Ministers [2024] CSIH 35

Strict Enforcement of Listed Building Consent: Insights from Saqib Deen v Scottish Ministers [2024] CSIH 35

Date: Oct 25, 2024
Strict Enforcement of Listed Building Consent: Insights from Saqib Deen v Scottish Ministers [2024] CSIH 35 Introduction The case of Saqib Deen, trading as Apex Services against the Scottish...
Establishing Liability Under the Third Parties (Rights against Insurers) Act 2010: Insights from Reclaiming Motion in Scotland Gas Networks Plc v QBE UK Ltd [2024] CSIH 36

Establishing Liability Under the Third Parties (Rights against Insurers) Act 2010: Insights from Reclaiming Motion in Scotland Gas Networks Plc v QBE UK Ltd [2024] CSIH 36

Date: Oct 25, 2024
Establishing Liability Under the Third Parties (Rights against Insurers) Act 2010: Insights from Reclaiming Motion in Scotland Gas Networks Plc v QBE UK Ltd [2024] CSIH 36 Introduction The case of...
Limits of Supervisory Jurisdiction in Contractual Relationships: Redcroft Care Homes Ltd v City of Edinburgh Council

Limits of Supervisory Jurisdiction in Contractual Relationships: Redcroft Care Homes Ltd v City of Edinburgh Council

Date: Oct 24, 2024
Limits of Supervisory Jurisdiction in Contractual Relationships: Redcroft Care Homes Ltd v City of Edinburgh Council Introduction The case of Redcroft Care Homes Ltd v City of Edinburgh Council...
Standards for Deserting Trials Involving Vulnerable Defendants: Analysis of [2024] HCJAC 45

Standards for Deserting Trials Involving Vulnerable Defendants: Analysis of [2024] HCJAC 45

Date: Oct 24, 2024
Establishing Standards for Deserting Trials Involving Vulnerable Defendants: Insights from [2024] HCJAC 45 Introduction The case of Daniel Alexander Robertson versus His Majesty's Advocate presents...
SN v JN [2024] CSIH 33: Rape Allegations Considered Justiciable in Scottish Family Proceedings

SN v JN [2024] CSIH 33: Rape Allegations Considered Justiciable in Scottish Family Proceedings

Date: Oct 18, 2024
SN v JN [2024] CSIH 33: Rape Allegations Considered Justiciable in Scottish Family Proceedings Introduction The case SN against JN (Court of Session) [2024] CSIH 33 addresses critical issues...
Duty of Care in Social Settings: Reclaiming Motion by Finlayson et al. vs. Alban Wine LTD et al.

Duty of Care in Social Settings: Reclaiming Motion by Finlayson et al. vs. Alban Wine LTD et al.

Date: Oct 10, 2024
Duty of Care in Social Settings: Reclaiming Motion by Finlayson et al. vs. Alban Wine LTD et al. Introduction The case of Reclaiming Motion by Roderick Finlayson and others against Alban Wine LTD and...
Clarifying Reclamation of Judicial Decisions and Privilege Waivers in Document Recovery: Insights from Roche Diagnostics Ltd v Greater Glasgow Health Board

Clarifying Reclamation of Judicial Decisions and Privilege Waivers in Document Recovery: Insights from Roche Diagnostics Ltd v Greater Glasgow Health Board

Date: Oct 9, 2024
Clarifying Reclamation of Judicial Decisions and Privilege Waivers in Document Recovery: Insights from Roche Diagnostics Ltd v Greater Glasgow Health Board Introduction The case of Roche Diagnostics...
Enforcement of Adjudicator Decisions and Natural Justice: Establishing Precedent in ATG Services v Ogilvie Construction

Enforcement of Adjudicator Decisions and Natural Justice: Establishing Precedent in ATG Services v Ogilvie Construction

Date: Oct 5, 2024
Enforcement of Adjudicator Decisions and Natural Justice: Establishing Precedent in ATG Services v Ogilvie Construction Introduction The case of ATG Services (Scotland) Ltd against Ogilvie...
Reinterpretation of RCS 25.1(1)(b): Competency of Counterclaims in the Scottish Court of Session

Reinterpretation of RCS 25.1(1)(b): Competency of Counterclaims in the Scottish Court of Session

Date: Oct 5, 2024
Reinterpretation of RCS 25.1(1)(b): Competency of Counterclaims in the Scottish Court of Session Introduction The case of William Gray against Stephen McCallion and ZLX Limited ([2024] CSIH 30)...
Clarifying the Essential Elements of a Lease: Orr vs UK Agricultural LTD [2024] CSOH 93

Clarifying the Essential Elements of a Lease: Orr vs UK Agricultural LTD [2024] CSOH 93

Date: Oct 4, 2024
Clarifying the Essential Elements of a Lease: Orr vs UK Agricultural LTD [2024] CSOH 93 Introduction The case of Duncan Alexander Orr and others against UK Agricultural LTD ([2024] CSOH 93) presents...
Establishing Causation in Employment-Related Health Claims: Insights from McIlwraith v Blue Vale Structures Ltd

Establishing Causation in Employment-Related Health Claims: Insights from McIlwraith v Blue Vale Structures Ltd

Date: Oct 2, 2024
Establishing Causation in Employment-Related Health Claims: Insights from McIlwraith v Blue Vale Structures Ltd Introduction The case of McIlwraith v Blue Vale Structures Ltd ([2024] CSOH 92)...
Recognition of Ancillary Administrations in Scottish Insolvency Law: A Comprehensive Analysis of Preston and Tait v Signal Real Estate Opportunities

Recognition of Ancillary Administrations in Scottish Insolvency Law: A Comprehensive Analysis of Preston and Tait v Signal Real Estate Opportunities

Date: Sep 27, 2024
Recognition of Ancillary Administrations in Scottish Insolvency Law: A Comprehensive Analysis of Preston and Tait v Signal Real Estate Opportunities Introduction The case of Stuart Preston and Julie...
Crown Appeal Reinforces Sentencing Guidelines for Multiple Rape Convictions

Crown Appeal Reinforces Sentencing Guidelines for Multiple Rape Convictions

Date: Sep 25, 2024
Crown Appeal Reinforces Sentencing Guidelines for Multiple Rape Convictions Introduction In the case titled Crown Appeal against Sentence by HMA against CM ([2024] HCJAC 39), the Scottish High Court...
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