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  • Commentaries

Scotland Case Commentaries

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...
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...
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