Continuing trustees retain title and interest to oppose a judicial factor’s proposals where the estate has not been sequestrated Introduction This commentary analyzes the Outer House decision of the...
Sentencing Hierarchy Confirmed: Rape of a Young Child Merits Significantly Higher Penalties – Commentary on H.M. Advocate v. McMahon & Lambert [2025] HCJAC 34 1. Introduction The Scottish High Court...
Pojda v Lord Advocate (No 2) [2025] HCJAC 33: Scottish High Court Re-Affirms the “Exceptionally Severe” Article 8 Threshold in Extradition Cases 1. Introduction The High Court of Justiciary, sitting...
The Primacy of Procedural Compliance over EU-Law Defences: Dougall v HMA and the Necessity of a Compatibility-Issue Minute Introduction In Dougall v HMA ([2025] HCJAC 35) the Scottish Appeal Court...
Subjective Intention Inferred from Objective Facts & the Sufficiency of Brevity: Heptagon Portfolio Arbroath Ltd v Angus Council [2025] CSOH 75 1. Introduction This Outer House decision, delivered by...
Refining the Efficiency Criterion: Lord Young Clarifies the Threshold for Group Proceedings under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 1. Introduction In Michelle...
“Privilege No Bar” – The Outer Limits of the SLCC’s Sifting Function after Levy & McRae Solicitors LLP v Scottish Legal Complaints Commission [2025] CSIH 23 1. Introduction This Inner House decision,...
The “Dual-Track” Test for Anti-Rates-Avoidance: Dunston Dunfermline Nominees Ltd v Fife Council 1. Introduction In Dunston Dunfermline Nominees Ltd for Judicial Review of a decision of Fife Council...
Gallagher: Post‑Injury Complications Count as “Harm”, Attacks on Public Officials Aggravate, and Late s.76 Pleas Attract Reduced Discounts — A New Sentencing Benchmark for Life‑Endangering Knife...
Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately Case: Appeal against Conviction by...
Recalling Scottish “Search” Orders for Material Non-Disclosure: Lord Lake’s Clarification of the Duty of Full and Frank Disclosure Introduction The decision of Lord Lake in Petition of PE Ltd and...
“The Intrinsic-Issue Principle”: Lord Sandison Clarifies the Scope of Serious Irregularity Appeals under Rule 68 1. Introduction Arbitration Appeal No 2 of 2024 concerns a farming partnership dispute...
Wallace v Wallace: Latent Dividend-Tax on Private-Company Wealth as a “Special Circumstance” – A Qualified Departure from Equal Sharing 1. Introduction The Outer House decision of Lady Carmichael in...
“The Maximum-Separation Principle” Outer House, Court of Session offers new guidance on the optimum length of continuous absence from each parent and on excluding non-germane abuse allegations in...
Reaffirming the Primacy of Statutory Rating-Appeal Remedies over Judicial Review in Non-Domestic Rates Avoidance A Detailed Commentary on Bridgeport Estates Ltd v Highland Council [2025] CSOH 69 1....
HMA v JSH – Re-asserting the Jury’s Role in Determining Mutual Corroboration in Domestic Sexual Abuse Cases Introduction The Appeal Court of the High Court of Justiciary has, in HMA v JSH ([2025]...
Gan v HMA: The Refined Test for When a Section 28 Defence Must Go to the Jury in ‘Concerned in Supply’ Prosecutions 1. Introduction In Choon Seng Gan v HM Advocate ([2025] HCJAC 32) the Scottish High...
Spontaneity No Shield: The “Farquhar Benchmark” on Punishment Parts for Knife-Murders Aggravated by Post-Offence Conduct 1. Introduction In John Farquhar v. HMA ([2025] HCJAC 36) the Scottish Appeal...
Glass v HM Advocate (2025): Implied Admissions, Jury Common-Sense, and the Limits of Mandatory Directions Introduction The Scottish High Court of Justiciary, sitting as a three-judge Appeal Court,...
Parent-Company Support as a Defence to Diligence on the Dependence In-Depth Commentary on Mermaid Subsea Services (UK) Ltd v James Fisher Offshore Ltd [2025] CSOH 68, Court of Session (Outer House)...