Clarifying the Non-Liveness of Reasonable Belief in Consent under the 2009 Sexual Offences Act Introduction This commentary examines the appellate decision delivered on 25 March 2025 by the Scottish...
Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing Introduction The case before the Scottish High Court of Justiciary, "Appeal against Sentence by RH against HMA ([2025]...
Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings Introduction The judgment in Iain Urquhart v Stellantis Auto SAS and others by the Scottish Court of...
Solemn trials cannot commence in the accused’s absence: Section 92(2) requires in‑trial misconduct and actual presence; remote jury ballots before evidence are permissible Case: Brian McElwain v HMA...
Enhanced Discovery and Narrowed Witness Disclosure in Group Proceedings: New Guidance from William Mackie v Mercedes-Benz Introduction The judgment in William Mackie against Mercedes-Benz Group...
Recalibrating Sentencing for Violent Murders: A New Precedent on Unduly Lenient Punishment Parts Introduction The judgment in Crown Appeal against Sentence by HMA against Christopher David Brown...
Comprehensive Commentary on Loss of Chance and Causation in Aerotoxic Syndrome Litigation Introduction This commentary provides an in‐depth analysis of the judgment concerning claims brought by two...
New Precedent on Protective Assessments in International Child Abduction Cases: Balancing Grave Risks and Protective Measures Introduction The judgment under review, delivered by Lady Carmichael at...
Establishing the “Loss of a Chance” Principle in Settlement Negotiations under Professional Negligence Introduction The case of Amie McCann against Harper Macleod, adjudicated by the Court of Session...
Redefining Ombudsman Jurisdiction over Academic Discrimination Complaints Introduction The judgment, AB against the Scottish Public Services Ombudsman (Court of Session) [2025] CSIH 8, delivered on...
Clarifying the Extent of a Reporter’s Remit: Exhaustion of Jurisdiction and Value Assignment in Lease Repair Disputes Introduction The case of Rutland Court Real Estate against Anderson Strathern LLP...
Clarifying the Duality: The Unlawfulness of Conflating Refusal and Cancellation of Leave to Enter in UK Immigration Law Introduction In the recent judgment of Jones Owusu for Judicial Review ([2025]...
Establishing Divisible Causation: A New Approach to Damages in Multifactorial Childhood Abuse Cases Introduction The Court of Session’s decision in F against Gordon Chalmers and others ([2025] CSOH...
Conditional Restoration of Practising Certificates: Establishing Discretion Based on Recent Experience Introduction The judgment in the appeal by Patrick Henry McAuley against the decision of the...
Reaffirming the “Fresh Decision” Requirement in Pharmacy Service Reconsiderations Introduction In Petition of Abbey Chemists LTD for Judicial Review (Court of Session) ([2025] CSOH 21), the Scottish...
Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases Introduction The Judgment in the case of Appeal against Conviction by Peter McGuiness against HMA ([2025]...
Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law Introduction The case of Andrew Marr International Limited against Mackinnons...
Deliberate Absence from Trial Clarified: New Guidance on Extradition under Section 20 of the Extradition Act 2003 Introduction This case, Karczewski v The Lord Advocate (representing the Republic of...
Clarified Fiduciary Standards in Quasi-Partnerships: Davidson & Others v Pinz Bowling Ltd & Others ([2025] CSIH 6) 1. Introduction The reclaimer proceedings in Davidson & Others v Pinz Bowling Ltd &...
Affirming the Parole Board’s Discretion to Disregard Withheld Damaging Information 1. Introduction In Petition of Luke Mitchell for Judicial Review (Court of Session) ([2025] CSOH 19), the Scottish...