Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict Case: Appeal following a reference from the...
Certification of Skilled Persons under the 2019 Rules: Technical Pleadings and “Conspicuity” Evidence Do Not Justify a Second Liability Expert Without Prior Inquiry Introduction This commentary...
Foreign non-recognition is a welfare factor, not a bar: Inner House clarifies UNCRC Article 21 and adopts Re N in Scottish adoption law Introduction This commentary examines the Scottish Court of...
Safeguarding Over Preference in Child Relocation: Abuse Risk and the Feasibility of Ongoing Maternal Involvement Trump Unanimous Child Wishes; Novel “CAMS” Evidence Excluded — PSC v NS [2025] CSOH 90...
Country Guidance on Protection Risk Does Not Preclude Article 8 “Very Significant Obstacles” Claims: Quashing of Section 94 Certification in SV [2025] CSOH 88 Introduction This commentary examines...
“Reconsideration” under the NHS (Pharmaceutical Services) (Scotland) Regulations 2009: Limited Remit, Conditional Admission of New Evidence, and Successor Contractors’ Standing to Appeal Case...
No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland Introduction In AN v Renfrewshire Council and others [2025] CSOH...
Harassment Limitation Runs from Cessation of the Course of Conduct: s18B(2)(a) Applied to Long-Running Domestic Abuse 1) Introduction X against Y (Court of Session) [2026] CSOH 54 (Outer House, Lord...
Non-renewal of ELC Partnership Agreements as a Contractual Act: Limits of Judicial Review, Standing, and Strict JR Time Limits 1. Introduction St Margarets Nursery Limited sought judicial review...
Proof, Not Interrogation: Contested SRO Breaches Require an Evidential Hearing and Strict Fairness Protections — Shields v HMA [2025] HCJAC 44 Citation: [2025] HCJAC 44 (Appeal Court, High Court of...
No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43) Introduction In Scott McDonald v His Majesty’s...
Section 11(7D) as Gatekeeper in Domestic‑Abuse Contact Disputes: Refusal of Even Indirect Contact despite Positive Sessions — SJM v AJD [2025] CSOH 84 Citation: SJM v AJD [2025] CSOH 84 (Outer House,...
The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985 Introduction In Nicola Drummond or...
Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82 Introduction This...
Fletcher: Indefinite, Digitally‑Tailored Non‑Harassment Orders and Compensation as Core Sentencing Tools in Serious Domestic Abuse; Custody Still a Last Resort for First‑Time Adult Offenders...
No duty on an interdictee to “mitigate” by seeking recall: continuing wrong, damages and interest in wrongful interdict – McGowan v Springfield Properties PLC [2025] CSOH 81 Introduction This Outer...
Redacted RIPSA CHIS Authorisations: Admissibility Proven by Redacted Warrant Plus Direct-Link Evidence 1) Introduction In Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995 by...
“Resided Together” Means Living as Spouses: First Scottish Guidance on Paragraph 8(c) DMPA 1973 and Habitual Residence in Cross‑Border Divorce Commentary on JMS against HMS (Court of Session) [2025]...
Mutual Corroboration Across Long Intervals and Objective Indecency: Jury Primacy Reaffirmed in HMA v CM [2025] HCJAC 40 Introduction This appeal under section 107A of the Criminal Procedure...
“Reasonableness” as the Shield: When Local Authorities Escape Liability for Expenses in Child-Protection Interdicts 1. Introduction Case: "A" Council for Interdict ([2025] CSOH 78), Opinion of Lord...