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  • Commentaries

Scotland Case Commentaries

Policy 16(f) Prevails Over Local Development Plans: Insights from Miller Homes Ltd v Scottish Ministers [2024] ScotCS CSIH_11

Policy 16(f) Prevails Over Local Development Plans: Insights from Miller Homes Ltd v Scottish Ministers [2024] ScotCS CSIH_11

Date: May 4, 2024
Policy 16(f) Prevails Over Local Development Plans: Insights from Miller Homes Ltd v Scottish Ministers [2024] ScotCS CSIH_11 Introduction The case of Miller Homes Ltd v Scottish Ministers ([2024]...
Supremacy of National Planning Framework over Local Development Plans in Housing Development: Analysis of Miller Homes Ltd v The Scottish Ministers

Supremacy of National Planning Framework over Local Development Plans in Housing Development: Analysis of Miller Homes Ltd v The Scottish Ministers

Date: May 4, 2024
Supremacy of National Planning Framework over Local Development Plans in Housing Development: Analysis of Miller Homes Ltd v The Scottish Ministers Introduction The case of Miller Homes Ltd v The...
Reinforcement of Domestic Abuse as an Aggravating Circumstance in Scottish Murder Sentencing under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016

Reinforcement of Domestic Abuse as an Aggravating Circumstance in Scottish Murder Sentencing under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016

Date: May 4, 2024
Reinforcement of Domestic Abuse as an Aggravating Circumstance in Scottish Murder Sentencing under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 Introduction The case of Christopher...
Misapplication of Corroborative Admission: The Case of Cathal Kelly v HMA

Misapplication of Corroborative Admission: The Case of Cathal Kelly v HMA

Date: May 3, 2024
Misapplication of Corroborative Admission: The Case of Cathal Kelly v HMA Introduction The judicial landscape was recently marked by a significant decision in the case of Cathal Kelly v His Majesty's...
Certification Process Under the Sexual Offences Act 2003: Insights from [2024] ScotHC HCJAC 18

Certification Process Under the Sexual Offences Act 2003: Insights from [2024] ScotHC HCJAC 18

Date: May 3, 2024
Certification Process Under the Sexual Offences Act 2003: Insights from [2024] ScotHC HCJAC 18 Introduction The case of Mackenzie Fred Andrew Horner v. His Majesty's Advocate ([2024] ScotHC HCJAC 18)...
Enhancing Rehabilitation Opportunities: The BS v Scottish Ministers Judgment [2024] CSOH 47

Enhancing Rehabilitation Opportunities: The BS v Scottish Ministers Judgment [2024] CSOH 47

Date: May 3, 2024
Enhancing Rehabilitation Opportunities: The BS v Scottish Ministers Judgment [2024] CSOH 47 Introduction The BS v Scottish Ministers judgment rendered by Lady Poole on May 2, 2024, marks a...
Contempt of Court in Solicitor Non-Compliance: Insights from [2024] CSIH 10

Contempt of Court in Solicitor Non-Compliance: Insights from [2024] CSIH 10

Date: May 1, 2024
Contempt of Court in Solicitor Non-Compliance: Insights from [2024] CSIH 10 Introduction The case titled "Petition by the Scottish Legal Complaints Commission against Jane Elizabeth Robison and...
Scottish High Court Sets New Precedent on Digital Evidence Reliability and Prosecutorial Disclosure: The Horizon System Appeals

Scottish High Court Sets New Precedent on Digital Evidence Reliability and Prosecutorial Disclosure: The Horizon System Appeals

Date: May 1, 2024
Scottish High Court Sets New Precedent on Digital Evidence Reliability and Prosecutorial Disclosure: The Horizon System Appeals Introduction The judgment titled APPEALS BY WILLIAM JOHN QUARM AND...
Clarifying Small Scale Neighbourhood Developments under Policy 28 of NPF4: Insights from Tesco Stores Ltd v Perth and Kinross Council

Clarifying Small Scale Neighbourhood Developments under Policy 28 of NPF4: Insights from Tesco Stores Ltd v Perth and Kinross Council

Date: Apr 27, 2024
Clarifying Small Scale Neighbourhood Developments under Policy 28 of NPF4: Insights from Tesco Stores Ltd v Perth and Kinross Council Introduction Parties Involved: The petitioner in this case is...
Standards for Credibility of Affidavit Evidence in Section 106 Appeals: Insights from Sahail Ahmed Appeal

Standards for Credibility of Affidavit Evidence in Section 106 Appeals: Insights from Sahail Ahmed Appeal

Date: Apr 27, 2024
Standards for Credibility of Affidavit Evidence in Section 106 Appeals: Insights from Sahail Ahmed Appeal Introduction The case of Sahail Ahmed v. His Majesty's Advocate ([2024] ScotHC HCJAC_14)...
Scottish Ministers' Licensing Variations Must Comply with National Marine Plan: A Landmark Ruling

Scottish Ministers' Licensing Variations Must Comply with National Marine Plan: A Landmark Ruling

Date: Apr 26, 2024
Scottish Ministers' Licensing Variations Must Comply with National Marine Plan: A Landmark Ruling Introduction In the recent judicial review case Open Seas Trust v Scottish Ministers ([2024] ScotCS...
Mitigating Factors in Contempt of Court Sentencing: Insights from RECLAIMING MOTION BY THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F [2024]

Mitigating Factors in Contempt of Court Sentencing: Insights from RECLAIMING MOTION BY THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F [2024]

Date: Apr 25, 2024
Mitigating Factors in Contempt of Court Sentencing: Insights from RECLAIMING MOTION BY THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F [2024] Introduction In the case titled RECLAIMING...
Child-Centric Approach in Hague Convention Cases: Establishing a New Precedent

Child-Centric Approach in Hague Convention Cases: Establishing a New Precedent

Date: Apr 24, 2024
Child-Centric Approach in Hague Convention Cases: Establishing a New Precedent Introduction The case titled Petition of FPS for Orders under the Child Abduction and Custody Act 1985 ([2024] CSOH 45)...
Reaffirmation of the Duty of Disclosure in Criminal Trials: Insights from Lesley Clarkson Appeal [2024] HCJAC 13

Reaffirmation of the Duty of Disclosure in Criminal Trials: Insights from Lesley Clarkson Appeal [2024] HCJAC 13

Date: Apr 24, 2024
Reaffirmation of the Duty of Disclosure in Criminal Trials: Insights from Lesley Clarkson Appeal [2024] HCJAC 13 Introduction The appeal in the case of Lesley Clarkson [2024] HCJAC 13, heard by the...
Doctrine of Prescription in Commercial Property Defect Claims: A Comprehensive Analysis of LEONARDO Hotel Management v Galliford Try Building 2014 Ltd ([2024] CSOH 43)

Doctrine of Prescription in Commercial Property Defect Claims: A Comprehensive Analysis of LEONARDO Hotel Management v Galliford Try Building 2014 Ltd ([2024] CSOH 43)

Date: Apr 20, 2024
Doctrine of Prescription in Commercial Property Defect Claims: A Comprehensive Analysis of LEONARDO Hotel Management v Galliford Try Building 2014 Ltd ([2024] CSOH 43) Introduction The case of...
Establishing Standards for Equality Impact Assessments in Social Care Charging Policies: BB v Glasgow City Council [2024] CSOH 44

Establishing Standards for Equality Impact Assessments in Social Care Charging Policies: BB v Glasgow City Council [2024] CSOH 44

Date: Apr 20, 2024
Establishing Standards for Equality Impact Assessments in Social Care Charging Policies: BB v Glasgow City Council [2024] CSOH 44 Introduction The case of BB for Judicial Review [2024] CSOH 44...
Causation and Scope of Duty in Medical Negligence: Insights from SD v Grampian Health Board [2024] CSIH 7

Causation and Scope of Duty in Medical Negligence: Insights from SD v Grampian Health Board [2024] CSIH 7

Date: Apr 20, 2024
Causation and Scope of Duty in Medical Negligence: Insights from SD v Grampian Health Board [2024] CSIH 7 Introduction The case of SD as Legal Representative of LD against Grampian Health Board...
Refusal of Leave to Appeal Reinforces Procedural Integrity of the Scottish Legal Complaints Commission

Refusal of Leave to Appeal Reinforces Procedural Integrity of the Scottish Legal Complaints Commission

Date: Apr 13, 2024
Refusal of Leave to Appeal Reinforces Procedural Integrity of the Scottish Legal Complaints Commission Introduction The case of Jennifer Chinwo v. Scottish Legal Complaints Commission (SLCC) ([2024]...
Affirmation of Unfair Prejudice under Companies Act 2006: Comprehensive Analysis of Allan Davidson & Others v Pinz Bowling Limited [2024] ScotCS CSOH_42

Affirmation of Unfair Prejudice under Companies Act 2006: Comprehensive Analysis of Allan Davidson & Others v Pinz Bowling Limited [2024] ScotCS CSOH_42

Date: Apr 13, 2024
Affirmation of Unfair Prejudice under Companies Act 2006: Comprehensive Analysis of Allan Davidson & Others v Pinz Bowling Limited [2024] ScotCS CSOH_42 Introduction The case of Allan Davidson and...
Crown Vicarious Liability and Judicial Independence: Insights from X v Sheriff John Albert Brown and The Lord Advocate [2024] SCOTCS CSIH_6

Crown Vicarious Liability and Judicial Independence: Insights from X v Sheriff John Albert Brown and The Lord Advocate [2024] SCOTCS CSIH_6

Date: Apr 13, 2024
Crown Vicarious Liability and Judicial Independence: Insights from X v Sheriff John Albert Brown and The Lord Advocate [2024] ScotCS CSIH_6 Introduction The case X v Sheriff John Albert Brown and The...
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