The “Huisman Principle” – Humanitarian UK Nationals with an Automatic Right of Abode Are Not “Excepted Students” for Scottish Tuition-Fee Purposes 1. Introduction In Petition of Leo Huisman for...
Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant Introduction In Application for Leave to...
“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (The Nursing & Midwifery Council for Extension of Time Periods of Interim...
No Automatic Right of Appeal for Repeat Human-Rights Submissions: Court of Session Affirms Robinson Principle in Veysel Erturk for Judicial Review [2025] CSOH 49 1. Introduction In Veysel Erturk for...
Fanning v Secretary of State & Scottish Ministers: The “Ripple-Effect” Test for Standing and a Restatement of Equality-Duty Compliance in Devolved Social-Security Policy 1. Introduction The Outer...
Separated co-parents living in two households can be a “relevant couple” for joint adoption: a purposive construction of section 29(3)(d) of the Adoption and Children (Scotland) Act 2007 Case:...
“Qualified Finality” — The Limited Reach of Res Judicata in Scottish Mental-Health Tribunal Appeals 1. Introduction In Dr Agnes Louise Johnston v GA and another ([2025] CSIH 18) the Inner House of...
No Right of Recoupment under Section 151(8) After Policy Avoidance under Section 152(2) Ian Whyte v David Arthur [2025] CSOH 47 1. Introduction Ian Whyte, a passenger injured in a 2017 road-traffic...
“Beyond Academic Judgment” – Court of Session Clarifies the SPSO’s Duty to Investigate University Maladministration and Systemic Discrimination 1. Introduction AB v The Scottish Public Services...
Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021 Introduction In James Gillespie and another v Alan...
Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals Introduction This case arises from an appeal by J29 (Scotland) Limited ("the...
Cross-Border Jurisdiction for Domestic Abuse Courses of Behaviour under the Domestic Abuse (Scotland) Act 2018 1. Introduction Anas Bani Almarjeh against His Majesty's Advocate ([2026] HCJAC 7) is an...
EO: Incapacity of Natural Parents and the Necessity-Only Adoption Order — [2025] CSOH 45 Introduction In AD10/23 the Outer House of the Scottish Court of Session was asked to decide whether J.K....
“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed Introduction In Appeal against Sentence by NS v. HMA ([2025] HCJAC 24) the Scottish High...
Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings Introduction This commentary examines the decision in Milligan v Jaguar Land Rover Automotive Plc and...
Material Change and Forum Competence in Article 15 Jurisdiction Transfers Introduction This commentary reviews the decision of the Scottish Court of Session in Brechin v LO & EO ([2025] CSIH 15),...
Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases Introduction This commentary examines the decision of the Scottish High Court of Justiciary...
Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards Introduction This commentary examines the Court of Session’s decision in Tracy McFadyean v...
Information-Gathering Resolutions and the Public Service Equality Duty Introduction Simon McLean, a resident of Torry in Aberdeen, uses St Fittick’s Park (“the Park”) for recreation and well-being....
Defining Suitability and Efficiency in Scottish Group Proceedings: Mackay v Nissan Motor Co Ltd & Ors Introduction This commentary examines the Inner House decision in Reclaiming Motion by Joseph...