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  • Commentaries

Scotland Case Commentaries

Strengthening Juror Directions on Identification and Mutual Corroboration: [2024] ScotHC HCJAC_12

Strengthening Juror Directions on Identification and Mutual Corroboration: [2024] ScotHC HCJAC_12

Date: Apr 8, 2024
Strengthening Juror Directions on Identification and Mutual Corroboration: [2024] ScotHC HCJAC_12 Introduction The case of AX v HIS MAJESTY'S ADVOCATE ([2024] ScotHC HCJAC_12) represents a...
Enforcement of Unconditional Payment Obligations Amidst Best Endeavours Clauses: Beaton v Beaton [2024] ScotCS CSOH_41

Enforcement of Unconditional Payment Obligations Amidst Best Endeavours Clauses: Beaton v Beaton [2024] ScotCS CSOH_41

Date: Apr 6, 2024
Enforcement of Unconditional Payment Obligations Amidst Best Endeavours Clauses Introduction In the case of Alasdair Beaton and Another against Linda Beaton ([2024] ScotCS CSOH_41), the Scottish...
Weighting Child's Autonomy in International Custody Disputes: TS v S [2024] CSOH 40

Weighting Child's Autonomy in International Custody Disputes: TS v S [2024] CSOH 40

Date: Apr 5, 2024
Weighting Child's Autonomy in International Custody Disputes: TS v S [2024] CSOH 40 Introduction The case of TS v S [2024] CSOH 40 addresses critical issues surrounding international child custody...
Equal Apportionment of Liability in Cycling Collision under the Law Reform (Contributory Negligence) Act 1945

Equal Apportionment of Liability in Cycling Collision under the Law Reform (Contributory Negligence) Act 1945

Date: Apr 4, 2024
Equal Apportionment of Liability in Cycling Collision under the Law Reform (Contributory Negligence) Act 1945 Introduction The case of Nigel Dick against Joseph Merrick ([2024] ScotCS CSOH_39)...
Best Interests of the Child Prevail: Comprehensive Custody Decision in Domestic Abuse Case

Best Interests of the Child Prevail: Comprehensive Custody Decision in Domestic Abuse Case

Date: Mar 29, 2024
Best Interests of the Child Prevail: Comprehensive Custody Decision in Domestic Abuse Case Introduction The case of M against A ([2024] CSOH 38) adjudicated by the Scottish Court of Session on March...
Vicarious Liability in Kinship Care Placements: Cruickshanks v Glasgow City Council [2024] ScotCS CSOH_35

Vicarious Liability in Kinship Care Placements: Cruickshanks v Glasgow City Council [2024] ScotCS CSOH_35

Date: Mar 27, 2024
Vicarious Liability in Kinship Care Placements: Cruickshanks v Glasgow City Council [2024] ScotCS CSOH_35 Introduction In the case of Tommy Lee Cruickshanks against Glasgow City Council ([2024]...
Turnbull v. Directors of Against the Head Ltd: Establishing Limits on Winding Up Petitions for Insolvent Companies

Turnbull v. Directors of Against the Head Ltd: Establishing Limits on Winding Up Petitions for Insolvent Companies

Date: Mar 27, 2024
Turnbull v. Directors of Against the Head Ltd: Establishing Limits on Winding Up Petitions for Insolvent Companies Introduction The case of Christopher Turnbull vs. Directors of Against the Head Ltd...
Limitations on Successive Adjudications: ENGENDA v PETROINEOS Establishes Boundaries for Re-Adjudication on Damages Claims

Limitations on Successive Adjudications: ENGENDA v PETROINEOS Establishes Boundaries for Re-Adjudication on Damages Claims

Date: Mar 27, 2024
Limitations on Successive Adjudications: ENGENDA v PETROINEOS Establishes Boundaries for Re-Adjudication on Damages Claims Introduction The case of ENGENDA GROUP LIMITED against PETROINEOS...
Ensuring Fair Trial Standards in Remote Proceedings: The Landmark Decision in Spence and Steele v HMA [2024] ScotHC HCJAC_11

Ensuring Fair Trial Standards in Remote Proceedings: The Landmark Decision in Spence and Steele v HMA [2024] ScotHC HCJAC_11

Date: Mar 27, 2024
Ensuring Fair Trial Standards in Remote Proceedings: The Landmark Decision in Spence and Steele v HMA [2024] ScotHC HCJAC_11 Introduction The case of Spence and Steele v His Majesty's Advocate (HMA),...
Retention Rights in Commercial Contracts: Insights from Jones vs. Craigton Holdings Ltd [2024] ScotCS CSOH_33

Retention Rights in Commercial Contracts: Insights from Jones vs. Craigton Holdings Ltd [2024] ScotCS CSOH_33

Date: Mar 22, 2024
Retention Rights in Commercial Contracts: Insights from Jones vs. Craigton Holdings Ltd [2024] ScotCS CSOH_33 Introduction The case of Kevan Jones and Susan Jones against Craigton Holdings Limited...
Limitation of Article 13(3) Jurisdiction Post-Brexit: Insights from Morrison v Mapfre Middlesea Insurance PLC and City Sightseeing Malta Ltd [2024] CSOH 34

Limitation of Article 13(3) Jurisdiction Post-Brexit: Insights from Morrison v Mapfre Middlesea Insurance PLC and City Sightseeing Malta Ltd [2024] CSOH 34

Date: Mar 22, 2024
Limitation of Article 13(3) Jurisdiction Post-Brexit: Insights from Morrison v Mapfre Middlesea Insurance PLC and City Sightseeing Malta Ltd [2024] CSOH 34 Introduction The case of Simon Morrison v...
Clarifying Limitation Periods for Psychiatric Injury Claims: Drouet v Milligan [2024] CSOH 32

Clarifying Limitation Periods for Psychiatric Injury Claims: Drouet v Milligan [2024] CSOH 32

Date: Mar 21, 2024
Clarifying Limitation Periods for Psychiatric Injury Claims: Drouet v Milligan [2024] CSOH 32 Introduction The case of Fiona Drouet and others against Angus Milligan ([2024] CSOH 32) adjudicated by...
Judicial Review of License Conditions in AB's Release: Establishing Legal Precedents

Judicial Review of License Conditions in AB's Release: Establishing Legal Precedents

Date: Mar 15, 2024
Judicial Review of License Conditions in AB's Release: Establishing Legal Precedents Introduction The case of AB v Scottish Ministers ([2024] ScotCS CSOH_30) before the Scottish Court of Session...
Recognition of Proportionality in Domestic Abuse Cases: AB v Secretary of State for the Home Department

Recognition of Proportionality in Domestic Abuse Cases: AB v Secretary of State for the Home Department

Date: Mar 14, 2024
Recognition of Proportionality in Domestic Abuse Cases: AB v Secretary of State for the Home Department Introduction The case of AB against Secretary of State for the Home Department ([2024] ScotCS...
Understanding Unlawful Means Conspiracy in Corporate Transactions: Kidd v Lime Rock Management LLP & Others ([2024] CSOH 28)

Understanding Unlawful Means Conspiracy in Corporate Transactions: Kidd v Lime Rock Management LLP & Others ([2024] CSOH 28)

Date: Mar 9, 2024
Understanding Unlawful Means Conspiracy in Corporate Transactions: Kidd v Lime Rock Management LLP & Others ([2024] CSOH 28) Introduction The case of Robert Gordon Kidd against Lime Rock Management...
Affirmation of Fisheries Act 2020's Regulatory Scope: Upholding Economic Link Conditions in Scottish Sea Fishing Licences

Affirmation of Fisheries Act 2020's Regulatory Scope: Upholding Economic Link Conditions in Scottish Sea Fishing Licences

Date: Mar 9, 2024
Affirmation of Fisheries Act 2020's Regulatory Scope: Upholding Economic Link Conditions in Scottish Sea Fishing Licences Introduction The case of Scottish Fishermen's Organisation Ltd and Another...
Balancing Open Justice and Privacy: New Precedents on Reporting Restrictions in Contempt Proceedings

Balancing Open Justice and Privacy: New Precedents on Reporting Restrictions in Contempt Proceedings

Date: Mar 8, 2024
Balancing Open Justice and Privacy: New Precedents on Reporting Restrictions in Contempt Proceedings Introduction The case The Presiding Coroner of Northern Ireland against Soldier F [2024] CSOH 26...
Arnold Clark v. Jillann Stewart: Clarifying Matrimonial Property Division and Financial Provision under the Family Law (Scotland) Act 1985

Arnold Clark v. Jillann Stewart: Clarifying Matrimonial Property Division and Financial Provision under the Family Law (Scotland) Act 1985

Date: Mar 8, 2024
Arnold Clark v. Jillann Stewart: Clarifying Matrimonial Property Division and Financial Provision under the Family Law (Scotland) Act 1985 Introduction The case of John Arnold Clark (Pursuer) against...
Corroboration Standards in Omnibus Assault Charges: Insights from JH v His Majesty's Advocate [2024] HCJAC 10

Corroboration Standards in Omnibus Assault Charges: Insights from JH v His Majesty's Advocate [2024] HCJAC 10

Date: Mar 8, 2024
Corroboration Standards in Omnibus Assault Charges: Insights from JH v His Majesty's Advocate [2024] HCJAC 10 Introduction The case of JH v His Majesty's Advocate [2024] HCJAC 10 represents a pivotal...
Enforcement of Loan Agreements and the Limits of Personal Bar: Insights from Keith Logie Inch v Totten [2024] CSOH 25

Enforcement of Loan Agreements and the Limits of Personal Bar: Insights from Keith Logie Inch v Totten [2024] CSOH 25

Date: Mar 7, 2024
Enforcement of Loan Agreements and the Limits of Personal Bar: Insights from Keith Logie Inch and Another v Margaret Mary Totten [2024] CSOH 25 Introduction The case of Keith Logie Inch and Another...
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