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  • Commentaries

Scotland Case Commentaries

Strict Criteria for Assignment Validity and Prescription Interruption in Scottish Construction Negligence: TECJET Ltd v Kier Construction Ltd [2024] CSOH 60

Strict Criteria for Assignment Validity and Prescription Interruption in Scottish Construction Negligence: TECJET Ltd v Kier Construction Ltd [2024] CSOH 60

Date: Jun 14, 2024
Strict Criteria for Assignment Validity and Prescription Interruption in Scottish Construction Negligence: TECJET Ltd v Kier Construction Ltd [2024] CSOH 60 Introduction TECJET Limited, the pursuer,...
Prescription and Limitation in Construction Contracts: The Tilbury Douglas v Ove Arup & Partners Case

Prescription and Limitation in Construction Contracts: The Tilbury Douglas v Ove Arup & Partners Case

Date: Jun 13, 2024
Prescription and Limitation in Construction Contracts: The Tilbury Douglas v Ove Arup & Partners Case Introduction The legal landscape surrounding construction contracts often grapples with issues of...
Unlawful Means Conspiracy in Public Procurement: Roche Diagnostics Ltd v Greater Glasgow Health Board [2024] CSOH 55

Unlawful Means Conspiracy in Public Procurement: Roche Diagnostics Ltd v Greater Glasgow Health Board [2024] CSOH 55

Date: Jun 6, 2024
Unlawful Means Conspiracy in Public Procurement: Roche Diagnostics Ltd v Greater Glasgow Health Board [2024] CSOH 55 Introduction The case of Roche Diagnostics Ltd against Greater Glasgow Health...
Reaffirming Landlord's Statutory Duties: Comprehensive Commentary on SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD ([2024] CSOH 56)

Reaffirming Landlord's Statutory Duties: Comprehensive Commentary on SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD ([2024] CSOH 56)

Date: Jun 6, 2024
Reaffirming Landlord's Statutory Duties: Comprehensive Commentary on SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD ([2024] CSOH 56) Introduction The case of SIMON PELOSI AND...
Imran Ahmad v. The Lord Advocate: Landmark Ruling on Expenses in Malicious Prosecution

Imran Ahmad v. The Lord Advocate: Landmark Ruling on Expenses in Malicious Prosecution

Date: Jun 5, 2024
Imran Ahmad v. The Lord Advocate: Landmark Ruling on Expenses in Malicious Prosecution Introduction The case of Imran Ahmad against The Lord Advocate ([2024] ScotCS CSOH_54) represents a significant...
Narrow Interpretation of Mesothelioma Exception in Damages (Scotland) Act 2011: The Elaine Crozier v Scottish Power UK PLC Decision

Narrow Interpretation of Mesothelioma Exception in Damages (Scotland) Act 2011: The Elaine Crozier v Scottish Power UK PLC Decision

Date: Jun 5, 2024
Narrow Interpretation of Mesothelioma Exception in Damages (Scotland) Act 2011: The Elaine Crozier v Scottish Power UK PLC Decision Introduction The case of Elaine Crozier or Veale and Others against...
Broadfoot v HMA: Defining 'Benefit Obtained' in Confiscation Orders under the Proceeds of Crime Act 2022

Broadfoot v HMA: Defining 'Benefit Obtained' in Confiscation Orders under the Proceeds of Crime Act 2022

Date: Jun 5, 2024
Broadfoot v HMA: Defining 'Benefit Obtained' in Confiscation Orders under the Proceeds of Crime Act 2022 Introduction The case of Grant Robert Broadfoot versus His Majesty's Advocate (HMA) represents...
C6 vs. TLT LLP: Establishing Liability in Legal Negligence

C6 vs. TLT LLP: Establishing Liability in Legal Negligence

Date: Jun 5, 2024
C6 vs. TLT LLP: Establishing Liability in Legal Negligence Introduction The case of Centenary 6 Limited (C6) against TLT LLP ([2024] CSIH 13) addresses critical issues surrounding legal negligence...
Clarifying Extended and Cumulative Sentencing in Scottish Criminal Law: Insights from [2024] HCJAC 22

Clarifying Extended and Cumulative Sentencing in Scottish Criminal Law: Insights from [2024] HCJAC 22

Date: May 29, 2024
Clarifying Extended and Cumulative Sentencing in Scottish Criminal Law: Insights from [2024] HCJAC 22 Introduction The case of HMA against Alistair Duncan Fergusson ([2024] HCJAC 22) represents a...
Disqualification of Director for Employment of Illegal Workers: The Azam Case [2024] ScotCS CSOH_53

Disqualification of Director for Employment of Illegal Workers: The Azam Case [2024] ScotCS CSOH_53

Date: May 24, 2024
Disqualification of Director for Employment of Illegal Workers: The Azam Case [2024] ScotCS CSOH_53 Introduction The case of Muhammad Azam marks a significant development in the enforcement of...
Affirmation of Section 1 Orders and Disclosure Obligations: MEX Group Worldwide Ltd v Stewart Owen Ford and Others [2024] CSOH 51

Affirmation of Section 1 Orders and Disclosure Obligations: MEX Group Worldwide Ltd v Stewart Owen Ford and Others [2024] CSOH 51

Date: May 18, 2024
Affirmation of Section 1 Orders and Disclosure Obligations: MEX Group Worldwide Ltd v Stewart Owen Ford and Others [2024] CSOH 51 Introduction The case of MEX Group Worldwide Ltd against Stewart Owen...
Ensuring Adequate Reasoning and Relevance in Police Disciplinary Tribunals: A Comprehensive Analysis of Deputy PC Fiona Taylor's Judicial Review

Ensuring Adequate Reasoning and Relevance in Police Disciplinary Tribunals: A Comprehensive Analysis of Deputy PC Fiona Taylor's Judicial Review

Date: May 18, 2024
Ensuring Adequate Reasoning and Relevance in Police Disciplinary Tribunals: A Comprehensive Analysis of Deputy PC Fiona Taylor's Judicial Review Introduction The case of Deputy Police Constable...
Taylor v Police Appeals Tribunal: Reinforcing Procedural Fairness and Adequate Reasoning in Disciplinary Proceedings

Taylor v Police Appeals Tribunal: Reinforcing Procedural Fairness and Adequate Reasoning in Disciplinary Proceedings

Date: May 18, 2024
Taylor v Police Appeals Tribunal: Reinforcing Procedural Fairness and Adequate Reasoning in Disciplinary Proceedings Introduction In the landmark case of Taylor v Police Appeals Tribunal ([2024] CSOH...
Judicial Review of Pre-TRO Decisions: Scottish Court of Session Establishes New Precedent

Judicial Review of Pre-TRO Decisions: Scottish Court of Session Establishes New Precedent

Date: May 17, 2024
Judicial Review of Pre-TRO Decisions: Scottish Court of Session Establishes New Precedent Introduction The Petition of CAINS Trustees (Jersey) Ltd and Others against decisions made by the Highland...
Reinforcing Sentencing Standards for Predatory Sexual Offenses: Insights from HCJAC 21

Reinforcing Sentencing Standards for Predatory Sexual Offenses: Insights from HCJAC 21

Date: May 15, 2024
Reinforcing Sentencing Standards for Predatory Sexual Offenses: Insights from HCJAC 21 Introduction The case of Barzan Nawshowani v. Crown ([2024] HCJAC 21) before the Scottish High Court of...
Defining Leased Property and Common Area Responsibilities: Insights from B & M Retail Ltd v LXI Cowdenbeath Ltd ([2024] ScotCS CSOH_49)

Defining Leased Property and Common Area Responsibilities: Insights from B & M Retail Ltd v LXI Cowdenbeath Ltd ([2024] ScotCS CSOH_49)

Date: May 15, 2024
Defining Leased Property and Common Area Responsibilities: Insights from B & M Retail Ltd v LXI Cowdenbeath Ltd ([2024] ScotCS CSOH_49) Introduction The case of B & M Retail Ltd v LXI Cowdenbeath Ltd...
Approval of Trust Arrangement Variations under Section 1 of the Trusts (Scotland) Act 1961

Approval of Trust Arrangement Variations under Section 1 of the Trusts (Scotland) Act 1961

Date: May 11, 2024
Approval of Trust Arrangement Variations under Section 1 of the Trusts (Scotland) Act 1961 Introduction The case of Charles Harold Alexander Butter and Others as Trustees of the Pitlochry Estate...
Enhancement of Sentencing in Financially Motivated Murder Cases: Barnes v HM Advocate [2024] HCJAC 23

Enhancement of Sentencing in Financially Motivated Murder Cases: Barnes v HM Advocate [2024] HCJAC 23

Date: May 9, 2024
Enhancement of Sentencing in Financially Motivated Murder Cases: Barnes v HM Advocate [2024] HCJAC 23 Introduction In the landmark case of David Barnes v HM Advocate [2024] HCJAC 23, the Scottish...
Scottish Court of Session Sets Precedent on Rule 19.2(5) in Enforcement of International Arbitration Awards

Scottish Court of Session Sets Precedent on Rule 19.2(5) in Enforcement of International Arbitration Awards

Date: May 8, 2024
Scottish Court of Session Sets Precedent on Rule 19.2(5) in Enforcement of International Arbitration Awards Introduction The case of Smith Cogeneration (Bangladesh) Pvt. Ltd against the Bangladesh...
Proportional Sentencing for Elderly Defendants in Historic Offence Cases: Hughes and Igoe v HMA [2024] HCJAC 19

Proportional Sentencing for Elderly Defendants in Historic Offence Cases: Hughes and Igoe v HMA [2024] HCJAC 19

Date: May 7, 2024
Proportional Sentencing for Elderly Defendants in Historic Offence Cases: Hughes and Igoe v HMA [2024] HCJAC 19 Introduction The case of Margaret Hughes and Eileen Igoe represents a significant...
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