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  • Commentaries

Scotland Case Commentaries

Interplay Between the 1980 and 1996 Hague Conventions in Child Abduction Cases: FPS v SM [2024] CSIH 20

Interplay Between the 1980 and 1996 Hague Conventions in Child Abduction Cases: FPS v SM [2024] CSIH 20

Date: Jul 27, 2024
Interplay Between the 1980 and 1996 Hague Conventions in Child Abduction Cases: FPS v SM [2024] CSIH 20 Introduction The case of FPS v SM ([2024] CSIH 20) before the Scottish Court of Session marks a...
Balancing Confidentiality and Defense: Insights from East Renfrewshire Council v William Wright [2024] CSOH 70

Balancing Confidentiality and Defense: Insights from East Renfrewshire Council v William Wright [2024] CSOH 70

Date: Jul 24, 2024
Balancing Confidentiality and Defense: Insights from East Renfrewshire Council v William Wright [2024] CSOH 70 Introduction The case of East Renfrewshire Council v William Wright ([2024] CSOH 70)...
Establishing the Necessity of Expert Reports in Judicial Factor Negligence Claims

Establishing the Necessity of Expert Reports in Judicial Factor Negligence Claims

Date: Jul 19, 2024
Establishing the Necessity of Expert Reports in Judicial Factor Negligence Claims Introduction The case of Megan Cockburn v Carole Hope (Court of Session) [2024] CSOH 69 addresses critical issues...
Article 8 Enforcement in Child Protection: Insights from Y and Others v NHS Grampian [2024] CSOH 72

Article 8 Enforcement in Child Protection: Insights from Y and Others v NHS Grampian [2024] CSOH 72

Date: Jul 19, 2024
Article 8 Enforcement in Child Protection: Insights from Y and Others v NHS Grampian [2024] CSOH 72 Introduction The case of Y and others v NHS Grampian ([2024] CSOH 72) addresses the delicate...
Advancing Sentencing Principles for Young Offenders: Insights from [2024] HCJAC 29

Advancing Sentencing Principles for Young Offenders: Insights from [2024] HCJAC 29

Date: Jul 18, 2024
Advancing Sentencing Principles for Young Offenders: Insights from [2024] HCJAC 29 Introduction The case CA v. His Majesty's Advocate ([2024] HCJAC 29) adjudicated by the Scottish High Court of...
Rehabilitation and Youth Considerations in Sentencing: The Haig Appeal Decision

Rehabilitation and Youth Considerations in Sentencing: The Haig Appeal Decision

Date: Jul 11, 2024
Rehabilitation and Youth Considerations in Sentencing: The Haig Appeal Decision Introduction The Daniel Haig Appeal ([2024] ScotHC HCJAC_28) presents a pivotal moment in Scottish jurisprudence...
Refining the Criteria for Orders for Lifelong Restriction: Insights from [2024] HCJAC 27

Refining the Criteria for Orders for Lifelong Restriction: Insights from [2024] HCJAC 27

Date: Jul 11, 2024
Refining the Criteria for Orders for Lifelong Restriction: Insights from [2024] HCJAC 27 Introduction The case of Maximiliano Moreno [2024] HCJAC 27 presents a critical examination of the criteria...
Establishing Group Proceedings for Environmental Claims: The Mackay v Nissan & Renault Case

Establishing Group Proceedings for Environmental Claims: The Mackay v Nissan & Renault Case

Date: Jul 6, 2024
Establishing Group Proceedings for Environmental Claims: The Mackay v Nissan & Renault Case Introduction The case of Joseph Mackay against Nissan Motor Co Ltd and Others ([2024] CSOH 68) marks a...
Enforcement of Contractual Obligations in Intellectual Property Agreements: DeepMatter Ltd v University Court of the University of Glasgow (2024)

Enforcement of Contractual Obligations in Intellectual Property Agreements: DeepMatter Ltd v University Court of the University of Glasgow (2024)

Date: Jul 5, 2024
Enforcement of Contractual Obligations in Intellectual Property Agreements: DeepMatter Ltd v University Court of the University of Glasgow (2024) Introduction The case of DeepMatter Ltd against the...
Affirmation of Public Right of Vehicular Passage in MacNab v Highland Council [2024] ScotCS CSIH_17

Affirmation of Public Right of Vehicular Passage in MacNab v Highland Council [2024] ScotCS CSIH_17

Date: Jul 3, 2024
Affirmation of Public Right of Vehicular Passage in MacNab v Highland Council [2024] ScotCS CSIH_17 Introduction The case of Alasdair John MacNab against Highland Council ([2024] ScotCS CSIH_17)...
Finality in Litigation and Fraud on the Court: Insights from JOHN GLARE AGAINST CLYDESDALE BANK PLC [2024] CSIH 16

Finality in Litigation and Fraud on the Court: Insights from JOHN GLARE AGAINST CLYDESDALE BANK PLC [2024] CSIH 16

Date: Jul 3, 2024
Finality in Litigation and Fraud on the Court: Insights from JOHN GLARE AGAINST CLYDESDALE BANK PLC [2024] CSIH 16 Introduction The case of John Glare against Clydesdale Bank PLC ([2024] CSIH 16)...
Balance of Convenience in Public Contracts: AMEY OW LTD v North Lanarkshire Council [2024] ScotCS CSOH_66

Balance of Convenience in Public Contracts: AMEY OW LTD v North Lanarkshire Council [2024] ScotCS CSOH_66

Date: Jun 29, 2024
Balance of Convenience in Public Contracts: AMEY OW LTD v North Lanarkshire Council [2024] ScotCS CSOH_66 Introduction The case of AMEY OW Limited (the pursuer) versus North Lanarkshire Council (the...
Admissibility of Unlawfully Obtained Medical Records in Scottish Insurance Law: Establishing the Balance Between Confidentiality and Contractual Rights

Admissibility of Unlawfully Obtained Medical Records in Scottish Insurance Law: Establishing the Balance Between Confidentiality and Contractual Rights

Date: Jun 28, 2024
Admissibility of Unlawfully Obtained Medical Records in Scottish Insurance Law: Establishing the Balance Between Confidentiality and Contractual Rights Introduction The case of Gillian Cowie against...
Clarifying Honest or Reasonable Belief in Consent and Advocate Depute Conduct: Insights from Clark Thomson v HM Advocate [2024] ScotHC HCJAC_30

Clarifying Honest or Reasonable Belief in Consent and Advocate Depute Conduct: Insights from Clark Thomson v HM Advocate [2024] ScotHC HCJAC_30

Date: Jun 27, 2024
Clarifying Honest or Reasonable Belief in Consent and Advocate Depute Conduct: Insights from Clark Thomson v HM Advocate [2024] ScotHC HCJAC_30 Introduction The case of Clark Thomson v HM Advocate...
Prioritizing Family Life under Article 8: High Court Overturns Extradition Order in PK v Lord Advocate [2024]

Prioritizing Family Life under Article 8: High Court Overturns Extradition Order in PK v Lord Advocate [2024]

Date: Jun 26, 2024
Prioritizing Family Life under Article 8: High Court Overturns Extradition Order in PK v Lord Advocate [2024] 1. Introduction The case of PK v Lord Advocate ([2024] ScotHC HCJAC_25) marks a...
Interpreting Section 10 of the Arbitration (Scotland) Act 2010: Limits on Suspended Legal Proceedings in the Commercial Court

Interpreting Section 10 of the Arbitration (Scotland) Act 2010: Limits on Suspended Legal Proceedings in the Commercial Court

Date: Jun 22, 2024
Interpreting Section 10 of the Arbitration (Scotland) Act 2010: Limits on Suspended Legal Proceedings in the Commercial Court Introduction The case of Briggs Marine Contractors Ltd against Bakkafrost...
Equal Sharing Affirmed in Complex Cross-Border Divorce Under Family Law (Scotland) Act 1985

Equal Sharing Affirmed in Complex Cross-Border Divorce Under Family Law (Scotland) Act 1985

Date: Jun 22, 2024
Equal Sharing Affirmed in Complex Cross-Border Divorce Under Family Law (Scotland) Act 1985 Introduction The case of Patina Omarova or Mackay versus Colin Mackenzie Mackay ([2024] ScotCS CSOH_61)...
Discretionary Transfer of Judicial Review Applications to the Upper Tribunal in Immigration Cases - JR v Advocate General for Scotland [2024] CSOH 64

Discretionary Transfer of Judicial Review Applications to the Upper Tribunal in Immigration Cases - JR v Advocate General for Scotland [2024] CSOH 64

Date: Jun 21, 2024
Discretionary Transfer of Judicial Review Applications to the Upper Tribunal in Immigration Cases JR v Advocate General for Scotland [2024] CSOH 64 Introduction The case of JR against Advocate...
Refusal of Skilled Worker Application Due to Immigration Bail: AH v Secretary of State for the Home Department

Refusal of Skilled Worker Application Due to Immigration Bail: AH v Secretary of State for the Home Department

Date: Jun 21, 2024
Refusal of Skilled Worker Application Due to Immigration Bail: AH v Secretary of State for the Home Department Introduction The case of AH v Secretary of State for the Home Department ([2024] ScotCS...
Forthwell Ltd v Pontagadea UK Ltd [2024] CSOH 59: Establishing Policy-Based Exceptions for Transferred Loss and Insurance Clauses in Scots Law

Forthwell Ltd v Pontagadea UK Ltd [2024] CSOH 59: Establishing Policy-Based Exceptions for Transferred Loss and Insurance Clauses in Scots Law

Date: Jun 14, 2024
Forthwell Ltd v Pontagadea UK Ltd [2024] CSOH 59: Establishing Policy-Based Exceptions for Transferred Loss and Insurance Clauses in Scots Law Introduction Forthwell Ltd (the Pursuer) vs. Pontagadea...
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