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  • Commentaries

Scotland Case Commentaries

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...
Extending Prescription Periods via Induced Error in Engineering Design Disputes: Insights from Tilbury Douglas Construction Ltd v Ove Arup & Partners Scotland Ltd [2023] CSOH 53

Extending Prescription Periods via Induced Error in Engineering Design Disputes: Insights from Tilbury Douglas Construction Ltd v Ove Arup & Partners Scotland Ltd [2023] CSOH 53

Date: Aug 17, 2023
Extending Prescription Periods via Induced Error in Engineering Design Disputes: Insights from Tilbury Douglas Construction Ltd v Ove Arup & Partners Scotland Ltd [2023] CSOH 53 Introduction The case...
Ponticelli Ltd v Gallagher: Expanding TUPE Protections to Collateral Employment Agreements

Ponticelli Ltd v Gallagher: Expanding TUPE Protections to Collateral Employment Agreements

Date: Aug 16, 2023
Ponticelli Ltd v Gallagher: Expanding TUPE Protections to Collateral Employment Agreements Introduction The case of Ponticelli Ltd v Anthony Gallagher ([2023] CSIH 32) addresses critical issues...
Affirmation of Procedural Fairness in Student Fitness to Practise Proceedings

Affirmation of Procedural Fairness in Student Fitness to Practise Proceedings

Date: Aug 16, 2023
Affirmation of Procedural Fairness in Student Fitness to Practise Proceedings Introduction The case of SM v Senate Fitness to Practise Appeal Committee ([2023] ScotCS CSOH_52) marks a significant...
Affirming Auditor’s Discretion in Taxation of Legal Expenses: Maguire v Black Isle Fire Systems Ltd & RSA Insurance

Affirming Auditor’s Discretion in Taxation of Legal Expenses: Maguire v Black Isle Fire Systems Ltd & RSA Insurance

Date: Aug 12, 2023
Affirming Auditor’s Discretion in Taxation of Legal Expenses: Maguire v Black Isle Fire Systems Ltd & RSA Insurance Introduction The case of Samantha Maguire against Black Isle Fire Systems Ltd and...
Extradition to the US Valid Despite ECHR Concerns: Comprehensive Review in Tweedie v HMA and Scottish Ministers [2023] HCJAC 29

Extradition to the US Valid Despite ECHR Concerns: Comprehensive Review in Tweedie v HMA and Scottish Ministers [2023] HCJAC 29

Date: Aug 5, 2023
Extradition to the US Valid Despite ECHR Concerns: Comprehensive Review in Tweedie v HMA and Scottish Ministers [2023] HCJAC 29 Introduction The case of Sarah Lynn Tweedie or Morrow against HMA and...
Resulting Trusts in Pension Scheme De-risking: abrdn Pension Scheme Case [2023] CSIH 31

Resulting Trusts in Pension Scheme De-risking: abrdn Pension Scheme Case [2023] CSIH 31

Date: Aug 2, 2023
Resulting Trusts in Pension Scheme De-risking: abrdn Pension Scheme Case [2023] CSIH 31 Introduction The abrdn (SLSPS) Pension Trustee Company Ltd v. Roxburgh; Pinsent Masons LLP case, adjudicated by...
Exception to Liability Discharge for Relatives in Mesothelioma Cases: Crozier v Scottish Power UK PLC [2023]

Exception to Liability Discharge for Relatives in Mesothelioma Cases: Crozier v Scottish Power UK PLC [2023]

Date: Jul 28, 2023
Exception to Liability Discharge for Relatives in Mesothelioma Cases: Crozier v Scottish Power UK PLC [2023] Introduction The case of Elaine Crozier or Veale and others against Scottish Power UK PLC...
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