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  • Commentaries

Scotland Case Commentaries

Ensuring Complete and Transparent Bids in Public Procurement: Insights from CAPITA Business Services Ltd v The Common Services Agency for the Scottish Health Service [2023] ScotCS CSOH_9

Ensuring Complete and Transparent Bids in Public Procurement: Insights from CAPITA Business Services Ltd v The Common Services Agency for the Scottish Health Service [2023] ScotCS CSOH_9

Date: Feb 11, 2023
Ensuring Complete and Transparent Bids in Public Procurement: Insights from CAPITA Business Services Ltd v The Common Services Agency for the Scottish Health Service [2023] ScotCS CSOH_9 Introduction...
Establishing Carrier Liability for Third-Party Agents under the Montreal Convention: Colin Mather v EasyJet Airlines

Establishing Carrier Liability for Third-Party Agents under the Montreal Convention: Colin Mather v EasyJet Airlines

Date: Feb 11, 2023
Establishing Carrier Liability for Third-Party Agents under the Montreal Convention: Colin Mather v EasyJet Airlines Introduction In the landmark case of Colin Mather against EasyJet Airline Company...
High Court Determines 2-Year Sentence Unduly Lenient in Sexual Abuse Case: The CB Judgment [2023] HCJAC 4

High Court Determines 2-Year Sentence Unduly Lenient in Sexual Abuse Case: The CB Judgment [2023] HCJAC 4

Date: Feb 11, 2023
High Court Determines 2-Year Sentence Unduly Lenient in Sexual Abuse Case: The CB Judgment [2023] HCJAC 4 Introduction In the landmark case Crown Appeal Against Sentence by HMA Against CB ([2023]...
Strict Interpretation of Statelessness Criteria Affirmed in Wayne Lindsey Judicial Review [2023] CSOH 8

Strict Interpretation of Statelessness Criteria Affirmed in Wayne Lindsey Judicial Review [2023] CSOH 8

Date: Feb 10, 2023
Strict Interpretation of Statelessness Criteria Affirmed in Wayne Lindsey Judicial Review [2023] CSOH 8 Introduction The case of Wayne Lindsey v. Secretary of State for the Home Department ([2023]...
LD Partnership v RBS: Establishing Competency and Prescription in Financial Disputes

LD Partnership v RBS: Establishing Competency and Prescription in Financial Disputes

Date: Feb 9, 2023
LD Partnership v Royal Bank of Scotland: Establishing Competency and Prescription in Financial Disputes Introduction In the case of LD Partnership v Royal Bank of Scotland (RBS) ([2023] ScotCS...
Assessing Sentence Leniency in Rape Convictions: Insights from [2023] ScotHC HCJAC_3

Assessing Sentence Leniency in Rape Convictions: Insights from [2023] ScotHC HCJAC_3

Date: Feb 8, 2023
Assessing Sentence Leniency in Rape Convictions: Insights from [2023] ScotHC HCJAC_3 Introduction The case of Crown Appeal Against Sentence by HMA Against MG ([2023] ScotHC HCJAC_3) presents a...
Enforcement of Arbitration Clauses in Subsequent Agreements: Insights from BRIGGS MARINE CONTRACTORS LTD v BAKKAFROST SCOTLAND LTD [2023] CSOH 6

Enforcement of Arbitration Clauses in Subsequent Agreements: Insights from BRIGGS MARINE CONTRACTORS LTD v BAKKAFROST SCOTLAND LTD [2023] CSOH 6

Date: Feb 3, 2023
Enforcement of Arbitration Clauses in Subsequent Agreements: Insights from BRIGGS MARINE CONTRACTORS LTD v BAKKAFROST SCOTLAND LTD [2023] CSOH 6 Introduction The case of Briggs Marine Contractors...
Judicial Endorsement of Established Credibility Evaluation Standards in Asylum Review: AC for Judicial Review ([2023] CSOH 5)

Judicial Endorsement of Established Credibility Evaluation Standards in Asylum Review: AC for Judicial Review ([2023] CSOH 5)

Date: Feb 3, 2023
Judicial Endorsement of Established Credibility Evaluation Standards in Asylum Review: AC for Judicial Review ([2023] CSOH 5) Introduction The case of AC for Judicial Review ([2023] CSOH 5) presents...
Duty of Local Authorities in Providing Suitable Interim Accommodation: Insights from RECLAIMING MOTION BY GLASGOW CITY COUNCIL AGAINST X

Duty of Local Authorities in Providing Suitable Interim Accommodation: Insights from RECLAIMING MOTION BY GLASGOW CITY COUNCIL AGAINST X

Date: Feb 1, 2023
Duty of Local Authorities in Providing Suitable Interim Accommodation: Insights from RECLAIMING MOTION BY GLASGOW CITY COUNCIL AGAINST X Introduction The case of Glasgow City Council v X ([2023] CSIH...
Assessing Damages in Repudiatory Breach Without Contract Termination: Dalton Group Ltd v City of Edinburgh Council [2023] ScotCS CSOH_4

Assessing Damages in Repudiatory Breach Without Contract Termination: Dalton Group Ltd v City of Edinburgh Council [2023] ScotCS CSOH_4

Date: Jan 27, 2023
Assessing Damages in Repudiatory Breach Without Contract Termination: Dalton Group Ltd v City of Edinburgh Council [2023] ScotCS CSOH_4 Introduction The case of Dalton Group Ltd v City of Edinburgh...
Scottish Inner House Upholds Full Distribution of Deceased Lloyd's Underwriter's Estate Under Rule 63.6A

Scottish Inner House Upholds Full Distribution of Deceased Lloyd's Underwriter's Estate Under Rule 63.6A

Date: Jan 27, 2023
Scottish Inner House Upholds Full Distribution of Deceased Lloyd's Underwriter's Estate Under Rule 63.6A Introduction In the case of Ramsey v. Scottish Court of Session [2023] CSIH 6, the Scottish...
Procedural Fairness in Parole Board Decisions: Insights from ROBERT MCPHEE Judgment [2023] ScotCS CSOH_3

Procedural Fairness in Parole Board Decisions: Insights from ROBERT MCPHEE Judgment [2023] ScotCS CSOH_3

Date: Jan 25, 2023
Procedural Fairness in Parole Board Decisions: Insights from ROBERT MCPHEE Judgment [2023] ScotCS CSOH_3 Introduction The case of Robert McPhee for Judicial Review, adjudicated by the Scottish Court...
Limits of Challenging Auditor Taxation: Insights from Aberdeen Computer Services Ltd v Scottish Legal Complaints Commission [2023] ScotCS CSIH_5

Limits of Challenging Auditor Taxation: Insights from Aberdeen Computer Services Ltd v Scottish Legal Complaints Commission [2023] ScotCS CSIH_5

Date: Jan 25, 2023
Limits of Challenging Auditor Taxation: Insights from Aberdeen Computer Services Ltd v Scottish Legal Complaints Commission [2023] ScotCS CSIH_5 Introduction The case of Aberdeen Computer Services...
Flexibility in Assignations Confirmed: Scottish Court Dismisses Challenges to Assignation Validity and Redacted Documents under Conveyancing and Feudal Reform (Scotland) Act 1970

Flexibility in Assignations Confirmed: Scottish Court Dismisses Challenges to Assignation Validity and Redacted Documents under Conveyancing and Feudal Reform (Scotland) Act 1970

Date: Jan 25, 2023
Flexibility in Assignations Confirmed: Scottish Court Dismisses Challenges to Assignation Validity and Redacted Documents under Conveyancing and Feudal Reform (Scotland) Act 1970 Introduction The...
Significant Shortfall in 5-Year Housing Land Supply: West Lothian Council v Scottish Ministers and Ogilvie Homes Ltd

Significant Shortfall in 5-Year Housing Land Supply: West Lothian Council v Scottish Ministers and Ogilvie Homes Ltd

Date: Jan 21, 2023
Significant Shortfall in 5-Year Housing Land Supply: West Lothian Council v Scottish Ministers and Ogilvie Homes Ltd Introduction The case of West Lothian Council v Scottish Ministers and Ogilvie...
Balancing Material Considerations in Scottish Planning Appeals: Taylor Wimpey UK Ltd v Scottish Ministers [2023] CSIH 2

Balancing Material Considerations in Scottish Planning Appeals: Taylor Wimpey UK Ltd v Scottish Ministers [2023] CSIH 2

Date: Jan 21, 2023
Balancing Material Considerations in Scottish Planning Appeals: Taylor Wimpey UK Ltd v Scottish Ministers [2023] CSIH 2 Introduction The case of Taylor Wimpey UK Ltd v Scottish Ministers ([2023] CSIH...
Clarifying Section 275 Applications in Historical Abuse Cases: The Watt Appeal Judgment

Clarifying Section 275 Applications in Historical Abuse Cases: The Watt Appeal Judgment

Date: Jan 19, 2023
Clarifying Section 275 Applications in Historical Abuse Cases: The Watt Appeal Judgment Introduction The case of John Watt versus His Majesty's Advocate ([2023] ScotHC HCJAC_2) adjudicated by the...
Reclaiming Motion by Henderson v Benarty Medical Practice: Upholding Standards for Establishing Liability in Medical Negligence

Reclaiming Motion by Henderson v Benarty Medical Practice: Upholding Standards for Establishing Liability in Medical Negligence

Date: Jan 11, 2023
Reclaiming Motion by Henderson v Benarty Medical Practice: Upholding Standards for Establishing Liability in Medical Negligence Introduction The case of Marguerite Henderson v Benarty Medical...
Duty of Care in Psychiatric Discharge: Paterson v Lanarkshire Health Board (2023)

Duty of Care in Psychiatric Discharge: Paterson v Lanarkshire Health Board (2023)

Date: Jan 7, 2023
Duty of Care in Psychiatric Discharge: Paterson v Lanarkshire Health Board ([2023] ScotCS CSOH_1) Introduction The case of Violet Paterson and others against Lanarkshire Health Board ([2023] ScotCS...
Prescription and Acknowledgment of Earn-Out Obligations in Share Purchase Agreements: Helen Colquhoun v Clinical Research Solutions [2022] CSOH 96

Prescription and Acknowledgment of Earn-Out Obligations in Share Purchase Agreements: Helen Colquhoun v Clinical Research Solutions [2022] CSOH 96

Date: Dec 31, 2022
Prescription and Acknowledgment of Earn-Out Obligations in Share Purchase Agreements: Helen Colquhoun v Clinical Research Solutions [2022] CSOH 96 Introduction The case of Helen Colquhoun and others...
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