Expansion of Judicial Powers for Proportional Document Recovery in Group Emissions Litigation Introduction The judgment in the case of David Brian Batchelor against Opel Automobile (GMBH) and the...
Article 6 “Reasonable Time” Breach in Scotland: Discontinuance Only Where a Fair Trial Is No Longer Possible (or Other Compelling Reason) 1. Introduction In Crown Appeal under section 74(1) of the...
Duty of Care in Remote Triage: Precedent Set by Lynda O'Neill v Scottish Ambulance Service Board Introduction The case of Lynda O'Neill and others against Scottish Ambulance Service Board ([2025]...
Establishing the Limits of Judicial Review in Age Assessment Decisions: Insights from the Dastan Ibrahimi Case Introduction The judicial landscape surrounding age assessments, particularly for asylum...
Emotional Abuse and Parental Alienation in Child Welfare: Comprehensive Commentary on NF v AF [2025] CSOH 13 Introduction The case of NF v AF ([2025] CSOH 13) adjudicated by the Scottish Court of...
Resolving Conflicting Jurisdiction Clauses in Multi-Agreement Structures: The Ferit Samuray v Maxim Asanov Decision [2025] CSOH 16 Introduction The case of Ferit Samuray (Pursuer) against Maxim...
Clarification on Supervisory Jurisdiction in Age Assessment Cases: Ahmat v Aberdeenshire Council [2025] CSOH 15 Introduction The case of Abdraman Ali Ahmat against Aberdeenshire Council ([2025] CSOH...
“Re-Drawing the Boundaries of Section 275: Specificity, Relevance and Equality of Arms in CH v HMA” Introduction The Scottish High Court of Justiciary’s decision in Appeal Under Section 74(1) of the...
Establishing a Minimum Custodial Term of 4 Years for Violent Offences: A New Sentencing Precedent Introduction This commentary examines the recent judgment in the Crown appeal against Sentence by His...
Fair Sharing and Special Circumstances in Matrimonial Property Division: The Corsan Precedent Introduction The judgment in Thomas Corsan against Linda Corsan ([2025] CSOH 24), delivered by the...
Duty of Fairness in Inquisitorial Proceedings: Reinforcing Procedural Integrity in Judicial Reviews Introduction The case of Greater Glasgow Health Board v The Right Honourable Lord Brodie KC PC...
Continuous Legal Qualification for Sheriff Appointment: Interpretation of Section 14(1)(b)(ii) in Courts Reform (Scotland) Act 2014 Introduction The case titled Special Case under section 27 of the...
Inclusion of Downstream Emissions in Environmental Impact Assessments: Establishing a New Precedent Introduction The Greenpeace LTD & Uplift v Secretary of State for Business Energy and Industrial...
Rejection of Transferred Loss Claims in Scots Law: Insights from Arthur Simmers v Green Cat Renewables LTD Introduction The case of Arthur Simmers against Green Cat Renewables LTD and Green Cat...
Enhanced Sentencing Guidelines for Parental Sexual Offenses: Insights from Crown Appeal against Sentence by HMA against RB Introduction The case of Crown Appeal against Sentence by HMA against RB...
Affirmation of Section 11A: Limiting Judicial Review Confirmed under Parliamentary Sovereignty and the Rule of Law Introduction The case of Reclaiming Motion in Petition for Judicial Review by Ragbir...
Duty of Care in Public Authority Contracts: Insights from Biffa Waste Services Ltd v Scottish Ministers Introduction The case of Biffa Waste Services Limited against the Scottish Ministers ([2025]...
Ibbotson Revisited: Disregarding “duplication of sentencing purposes” and reaffirming a stepwise totality approach to consecutive sentences and plea discounts in organised crime cases Introduction In...
Permitted Extension of Permanence Orders to Children Aged 16–17 under the Adoption and Children (Scotland) Act 2007 Introduction Glasgow City Council v MM ([2025] CSIH 3) concerned the statutory...
Affirmation of Sentencing Principles in Youth Culpable Homicide Cases Introduction The case of NRL vs. His Majesty's Advocate ([2025] HCJAC 4) adjudicated in the Scottish High Court of Justiciary on...