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  • Commentaries

Scotland Case Commentaries

Establishing Arbitrator Jurisdiction and Waiver Principles in Scottish Arbitration: Analysis of ARBITRATION APPEAL NO 3 OF 2022 ([2023] CSOH 67)

Establishing Arbitrator Jurisdiction and Waiver Principles in Scottish Arbitration: Analysis of ARBITRATION APPEAL NO 3 OF 2022 ([2023] CSOH 67)

Date: Oct 7, 2023
Establishing Arbitrator Jurisdiction and Waiver Principles in Scottish Arbitration: Analysis of ARBITRATION APPEAL NO 3 OF 2022 ([2023] CSOH 67) Introduction The case of Arbitration Appeal No 3 of...
Establishing Waiver through Conduct in Scottish Arbitration: Analysis of Arbitration Appeal No 2 of 2022 [2023] CSOH 68

Establishing Waiver through Conduct in Scottish Arbitration: Analysis of Arbitration Appeal No 2 of 2022 [2023] CSOH 68

Date: Oct 7, 2023
Establishing Waiver through Conduct in Scottish Arbitration: Analysis of Arbitration Appeal No 2 of 2022 [2023] CSOH 68 Introduction Arbitration Appeal No 2 of 2022 ([2023] CSOH 68) adjudicated by...
Reaffirmation of Good Faith Standards in Trade Mark Registrations: D&M Winchester Ltd vs. Colburn Distillery Ltd [2023] CSOH 66

Reaffirmation of Good Faith Standards in Trade Mark Registrations: D&M Winchester Ltd vs. Colburn Distillery Ltd [2023] CSOH 66

Date: Oct 6, 2023
Reaffirmation of Good Faith Standards in Trade Mark Registrations: D&M Winchester Ltd vs. Colburn Distillery Ltd [2023] CSOH 66 Introduction The case of D&M Winchester Ltd's appeal against Colburn...
Extradition Act 2003: High Court Upholds Extradition Decision Balancing Public Interest and Article 8 Rights in AH v Lord Advocate

Extradition Act 2003: High Court Upholds Extradition Decision Balancing Public Interest and Article 8 Rights in AH v Lord Advocate

Date: Oct 4, 2023
Extradition Act 2003: High Court Upholds Extradition Decision Balancing Public Interest and Article 8 Rights in AH v Lord Advocate Introduction The case of AH v Lord Advocate ([2023] ScotHC HCJAC_36)...
Balancing Public Interests: Scottish Court Confirms Strict Application of FOISA Exemptions in Beggs Appeal

Balancing Public Interests: Scottish Court Confirms Strict Application of FOISA Exemptions in Beggs Appeal

Date: Sep 30, 2023
Balancing Public Interests: Scottish Court Confirms Strict Application of FOISA Exemptions in Beggs Appeal Introduction The case of William Frederick Ian Beggs versus The Scottish Information...
Enhancing Flexibility in Financial Provision: Instalment-Based Share Transfers in Divorce Proceedings – Gunn or Foster v Foster [2023] CSIH 35

Enhancing Flexibility in Financial Provision: Instalment-Based Share Transfers in Divorce Proceedings – Gunn or Foster v Foster [2023] CSIH 35

Date: Sep 30, 2023
Enhancing Flexibility in Financial Provision: Instalment-Based Share Transfers in Divorce Proceedings – Gunn or Foster v Foster [2023] CSIH 35 Introduction The case of Sarah Louise Gunn or Foster...
Scottish Court Upholds Legality of Unlisted Prescription Collection Lockers under 2009 Pharmaceutical Services Regulations

Scottish Court Upholds Legality of Unlisted Prescription Collection Lockers under 2009 Pharmaceutical Services Regulations

Date: Sep 27, 2023
Scottish Court Upholds Legality of Unlisted Prescription Collection Lockers under 2009 Pharmaceutical Services Regulations Introduction In the landmark case of Community Pharmacy Scotland v Fife...
JP v AAR and ENM ([2023] CSOH 64): Establishing Standards for Supervised Contact in Child Custody Disputes

JP v AAR and ENM ([2023] CSOH 64): Establishing Standards for Supervised Contact in Child Custody Disputes

Date: Sep 23, 2023
JP v AAR and ENM ([2023] CSOH 64): Establishing Standards for Supervised Contact in Child Custody Disputes Introduction The case of JP v AAR and ENM ([2023] CSOH 64) presents a complex dispute over...
Strict Enforcement of Court Undertakings in Dawn Raids: Implications from Thorntons Investment Holdings Ltd v Matheson

Strict Enforcement of Court Undertakings in Dawn Raids: Implications from Thorntons Investment Holdings Ltd v Matheson

Date: Sep 22, 2023
Strict Enforcement of Court Undertakings in Dawn Raids: Implications from Thorntons Investment Holdings Ltd v Matheson Introduction The case of Thorntons Investment Holdings Ltd and Others against...
Judicial Review Confirms Deference to National Appeal Panel in Assessing Adequacy of Pharmaceutical Services Provision

Judicial Review Confirms Deference to National Appeal Panel in Assessing Adequacy of Pharmaceutical Services Provision

Date: Sep 14, 2023
Judicial Review Confirms Deference to National Appeal Panel in Assessing Adequacy of Pharmaceutical Services Provision Introduction The case of BURNS PHARMACY LIMITED v National Appeal Panel ([2023]...
Explicit Prohibition Overrides Inferred Permission: Insights from AVIVA Insurance Ltd v McCoist

Explicit Prohibition Overrides Inferred Permission: Insights from AVIVA Insurance Ltd v McCoist

Date: Sep 6, 2023
Explicit Prohibition Overrides Inferred Permission: Insights from AVIVA Insurance Ltd v McCoist Introduction The case of AVIVA Insurance Ltd against Alistair McCoist and Another ([2023] ScotCS...
Implied Servitude and Public Passage: Analysis of MacNab v Highland Council [2023] CSOH 59

Implied Servitude and Public Passage: Analysis of MacNab v Highland Council [2023] CSOH 59

Date: Sep 1, 2023
Implied Servitude and Public Passage: Analysis of MacNab v Highland Council [2023] CSOH 59 Introduction In the case of Alasdair John MacNab against the Highland Council and Others ([2023] CSOH 59),...
Doctrine of Mutual Corroboration in Sexual Offences: Insights from GS v His Majesty's Advocate ([2023] HCJAC 35)

Doctrine of Mutual Corroboration in Sexual Offences: Insights from GS v His Majesty's Advocate ([2023] HCJAC 35)

Date: Aug 30, 2023
Doctrine of Mutual Corroboration in Sexual Offences: Insights from GS v His Majesty's Advocate ([2023] HCJAC 35) Introduction The case of GS v His Majesty's Advocate ([2023] HCJAC 35) adjudicated by...
Child Autonomy and Protection: Scottish Court of Session's Landmark Decision on International Child Abduction

Child Autonomy and Protection: Scottish Court of Session's Landmark Decision on International Child Abduction

Date: Aug 26, 2023
Child Autonomy and Protection: Scottish Court of Session's Landmark Decision on International Child Abduction Introduction The Scottish Court of Session delivered a pivotal judgment on August 25,...
Rigorous Evidentiary Standards and Expert Testimony in Proving Forgery: Insights from CSOH 57

Rigorous Evidentiary Standards and Expert Testimony in Proving Forgery: Insights from CSOH 57

Date: Aug 25, 2023
Rigorous Evidentiary Standards and Expert Testimony in Proving Forgery: Insights from CSOH 57 Introduction The case of Alexander David Niven and Another against Irene Roberta Hunter-Forbes Niven...
Termination of Judicial Factory upon Attaining Legal Capacity at 16: Insights from [2023] CSIH 33

Termination of Judicial Factory upon Attaining Legal Capacity at 16: Insights from [2023] CSIH 33

Date: Aug 23, 2023
Termination of Judicial Factory upon Attaining Legal Capacity at 16: Insights from [2023] CSIH 33 Introduction The case of Michael James Meston Reid Judicial Factor over the Estate of M for...
Ensuring Procedural Fairness for Vulnerable Applicants in Criminal Injuries Compensation Tribunals

Ensuring Procedural Fairness for Vulnerable Applicants in Criminal Injuries Compensation Tribunals

Date: Aug 23, 2023
Ensuring Procedural Fairness for Vulnerable Applicants in Criminal Injuries Compensation Tribunals Introduction The case of DML v Criminal Injuries Compensation Authority ([2023] CSOH 55) represents...
Upholding Public Confidence: Extension of Interim Suspension in GMC v B under Medical Act 1983, Section 41A

Upholding Public Confidence: Extension of Interim Suspension in GMC v B under Medical Act 1983, Section 41A

Date: Aug 19, 2023
Upholding Public Confidence: Extension of Interim Suspension in GMC v B under Medical Act 1983, Section 41A Introduction In the case of THE GENERAL MEDICAL COUNCIL FOR EXTENSION IN TERMS OF THE...
Enhancing Corporate Accountability in Health and Safety: Insights from HIS MAJESTY'S ADVOCATE AGAINST TIGH-NA-MUIRN LTD

Enhancing Corporate Accountability in Health and Safety: Insights from HIS MAJESTY'S ADVOCATE AGAINST TIGH-NA-MUIRN LTD

Date: Aug 19, 2023
Enhancing Corporate Accountability in Health and Safety: Insights from HIS MAJESTY'S ADVOCATE AGAINST TIGH-NA-MUIRN LTD Introduction The case of HIS MAJESTY'S ADVOCATE AGAINST TIGH-NA-MUIRN LTD...
Double-Counting of Harm in Health and Safety Sentencing: Linbrooke Services Ltd. v HM Advocate [2023] ScotHC HCJAC_31

Double-Counting of Harm in Health and Safety Sentencing: Linbrooke Services Ltd. v HM Advocate [2023] ScotHC HCJAC_31

Date: Aug 18, 2023
Double-Counting of Harm in Health and Safety Sentencing: Linbrooke Services Ltd. v HM Advocate [2023] ScotHC HCJAC_31 Introduction The case of Linbrooke Services Ltd. against His Majesty's Advocate...
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