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  • Commentaries

Scotland Case Commentaries

Establishing Judicial Authority in Age Assessment: Abdullah v Aberdeenshire Council [2024]

Establishing Judicial Authority in Age Assessment: Abdullah v Aberdeenshire Council [2024]

Date: Feb 1, 2024
Establishing Judicial Authority in Age Assessment: Abdullah v Aberdeenshire Council [2024] Introduction In the landmark case of Mohammed Ismael Suliman Abdullah v Aberdeenshire Council ([2024] ScotCS...
Rigorous Standards for Reduction of Decrees in Absence Established in Fawaz v Hargreaves

Rigorous Standards for Reduction of Decrees in Absence Established in Fawaz v Hargreaves

Date: Jan 31, 2024
Rigorous Standards for Reduction of Decrees in Absence Established in Fawaz v Hargreaves Introduction The case of Maurice Yousseff Fawaz against Elaine Patricia Hargreaves or Fawaz ([2024] ScotCS...
Scottish Court Affirms Ministerial Role in Temporary Release Decisions Under ECHR Standards

Scottish Court Affirms Ministerial Role in Temporary Release Decisions Under ECHR Standards

Date: Jan 26, 2024
Scottish Court Affirms Ministerial Role in Temporary Release Decisions Under ECHR Standards Introduction In the landmark case of Gordon Burns v. Scottish Ministers ([2024] CSOH 6), the Scottish Court...
Enforcement of Adjudicator's Decisions and Set-Off Defenses in Construction Contracts: UK Grid Solutions Ltd v Scottish Hydro Electric Transmission PLC

Enforcement of Adjudicator's Decisions and Set-Off Defenses in Construction Contracts: UK Grid Solutions Ltd v Scottish Hydro Electric Transmission PLC

Date: Jan 25, 2024
Enforcement of Adjudicator's Decisions and Set-Off Defenses in Construction Contracts: UK Grid Solutions Ltd v Scottish Hydro Electric Transmission PLC Introduction The case of UK Grid Solutions Ltd...
New Precedent on Res Judicata and Group Litigation: McCluskey v Scott Wilson Scotland Limited

New Precedent on Res Judicata and Group Litigation: McCluskey v Scott Wilson Scotland Limited

Date: Jan 24, 2024
New Precedent on Res Judicata and Group Litigation: McCluskey v Scott Wilson Scotland Limited Introduction The case of Laura McCluskey against Scott Wilson Scotland Limited ([2024] CSOH 4) was...
Unfairly Prejudicial Conduct in Share Allotment: Insights from Hawkins v Sustainable Pipeline Systems Ltd

Unfairly Prejudicial Conduct in Share Allotment: Insights from Hawkins v Sustainable Pipeline Systems Ltd

Date: Jan 20, 2024
Unfairly Prejudicial Conduct in Share Allotment: Insights from Hawkins v Sustainable Pipeline Systems Ltd Introduction The case of Adrian Richard Hawkins OBE and Othman Akbar Rafay v Sustainable...
Establishing Robust Pleading Requirements for Environmental Nuisance: Insights from Chalmer v Diageo Scotland Ltd

Establishing Robust Pleading Requirements for Environmental Nuisance: Insights from Chalmer v Diageo Scotland Ltd

Date: Jan 20, 2024
Establishing Robust Pleading Requirements for Environmental Nuisance: Insights from Chalmer v Diageo Scotland Ltd Introduction In the case of Thomas and Gail Chalmers against Diageo Scotland Ltd...
Proper Use of Prior Statements in Scottish Criminal Trials: Analysis of [2024] HCJAC 4

Proper Use of Prior Statements in Scottish Criminal Trials: Analysis of [2024] HCJAC 4

Date: Jan 19, 2024
Proper Use of Prior Statements in Scottish Criminal Trials: Analysis of [2024] HCJAC 4 Introduction The case of John Matthew Findlayson Brown vs. His Majesty's Advocate, adjudicated by the Scottish...
Authorizing Representative Parties in Scottish Group Proceedings: Insights from Lee Bridgehouse v Bayerische Motore Werke

Authorizing Representative Parties in Scottish Group Proceedings: Insights from Lee Bridgehouse v Bayerische Motore Werke

Date: Jan 19, 2024
Authorizing Representative Parties in Scottish Group Proceedings: Insights from Lee Bridgehouse v Bayerische Motore Werke Introduction The landmark case of Lee Bridgehouse v Bayerische Motore Werke...
Reaffirmation of Compliance Standards in R&D Tax Claims: Bureau Workspace Ltd v Advocate General for HMRC

Reaffirmation of Compliance Standards in R&D Tax Claims: Bureau Workspace Ltd v Advocate General for HMRC

Date: Jan 12, 2024
Reaffirmation of Compliance Standards in R&D Tax Claims: Bureau Workspace Ltd v Advocate General for HMRC Introduction The case of Bureau Workspace Ltd v Advocate General for the Commissioners of...
Substantive Damages for Wrongful Vessel Detention: Galbraith Trawlers Ltd v Advocate General for Scotland (2024)

Substantive Damages for Wrongful Vessel Detention: Galbraith Trawlers Ltd v Advocate General for Scotland (2024)

Date: Jan 11, 2024
Substantive Damages for Wrongful Vessel Detention: Galbraith Trawlers Ltd v Advocate General for Scotland (2024) Introduction The case of Galbraith Trawlers Ltd against the Advocate General for...
Defining 'Seafarer' and the Scope of Post-Employment Discrimination Claims: Analysis of Bathgate v Technip Singapore Pte Ltd [2023] CSIH 48

Defining 'Seafarer' and the Scope of Post-Employment Discrimination Claims: Analysis of Bathgate v Technip Singapore Pte Ltd [2023] CSIH 48

Date: Dec 30, 2023
Defining 'Seafarer' and the Scope of Post-Employment Discrimination Claims: Analysis of Bathgate v Technip Singapore Pte Ltd [2023] CSIH 48 Introduction The case Bathgate v Technip Singapore Pte Ltd...
Reclaiming Motion by DePuy International Ltd: A New Precedent in Managing Mass Litigation

Reclaiming Motion by DePuy International Ltd: A New Precedent in Managing Mass Litigation

Date: Dec 29, 2023
Reclaiming Motion by DePuy International Ltd: A New Precedent in Managing Mass Litigation Introduction The case of DePuy International Ltd vs. Elizabeth Gilchrist ([2023] CSIH 47) represents a...
Judicial Review of REDCROFT CARE HOMES LTD: Establishing Limits on Ex Gratia Payments by Public Authorities

Judicial Review of REDCROFT CARE HOMES LTD: Establishing Limits on Ex Gratia Payments by Public Authorities

Date: Dec 22, 2023
Judicial Review of REDCROFT CARE HOMES LTD: Establishing Limits on Ex Gratia Payments by Public Authorities Introduction The case of Redcroft Care Homes Ltd for Judicial Review ([2023] ScotCS...
Holistic Approach to Substantial Completion in Planning Enforcement: Edwardson v Scottish Ministers

Holistic Approach to Substantial Completion in Planning Enforcement: Edwardson v Scottish Ministers

Date: Dec 20, 2023
Holistic Approach to Substantial Completion in Planning Enforcement: Edwardson v Scottish Ministers Introduction The case of Patrick Edwardson vs. Scottish Ministers ([2023] ScotCS CSIH_45) presents...
Defining Reasonable Care and Foreseeability in Occupiers' Liability: Davie v Powerteam Electrical Services [2023] CSOH_94

Defining Reasonable Care and Foreseeability in Occupiers' Liability: Davie v Powerteam Electrical Services [2023] CSOH_94

Date: Dec 20, 2023
Defining Reasonable Care and Foreseeability in Occupiers' Liability: Davie v Powerteam Electrical Services [2023] CSOH_94 Introduction The case of Jon William Davie against Powerteam Electrical...
Limitations of General Release Clauses in Divorce Settlements: Insights from SL v RL [2023] ScotCS CSOH_91

Limitations of General Release Clauses in Divorce Settlements: Insights from SL v RL [2023] ScotCS CSOH_91

Date: Dec 15, 2023
Limitations of General Release Clauses in Divorce Settlements: Insights from SL v RL [2023] ScotCS CSOH_91 Introduction The case of SL against RL ([2023] ScotCS CSOH_91) adjudicated by the Scottish...
CSOH 93: Upholding Section 11A's Finality of Upper Tribunal Decisions

CSOH 93: Upholding Section 11A's Finality of Upper Tribunal Decisions

Date: Dec 15, 2023
CSOH 93: Upholding Section 11A's Finality of Upper Tribunal Decisions Introduction The case titled Petition of Suoy against the Secretary of State for the Home Department ([2023] CSOH 93) was...
Reaffirmation of Extradition Act 2003 Procedures in Identity and Bar Grounds: Nicholas Rossi Appeals Denied

Reaffirmation of Extradition Act 2003 Procedures in Identity and Bar Grounds: Nicholas Rossi Appeals Denied

Date: Dec 15, 2023
Reaffirmation of Extradition Act 2003 Procedures in Identity and Bar Grounds: Nicholas Rossi Appeals Denied Introduction The case of Nicholas Rossi vs. His Majesty's Advocate ([2023] ScotHC HCJAC_50)...
Corroboration of Identification in Firearms Offenses: Insights from Francis Mooney's Appeal

Corroboration of Identification in Firearms Offenses: Insights from Francis Mooney's Appeal

Date: Dec 15, 2023
Corroboration of Identification in Firearms Offenses: Insights from Francis Mooney's Appeal Introduction In the case of Francis Mooney vs. HMA ([2024] ScotHC HCJAC_1), the Scottish High Court of...
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