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  • Commentaries

Scotland Case Commentaries

Enhancing Sentencing Standards for Sexual Offences: Analysis of CROWN APPEAL AGAINST SENTENCE BY HMA AGAINST TJ [2023] HCJAC 23

Enhancing Sentencing Standards for Sexual Offences: Analysis of CROWN APPEAL AGAINST SENTENCE BY HMA AGAINST TJ [2023] HCJAC 23

Date: Jun 22, 2023
Enhancing Sentencing Standards for Sexual Offences: Analysis of CROWN APPEAL AGAINST SENTENCE BY HMA AGAINST TJ [2023] HCJAC 23 Introduction The judgment in CROWN APPEAL AGAINST SENTENCE BY HMA...
Adherence to ICNIRP Exclusion Zones and Procedural Timeliness in Electronic Communications Code Applications: The Marks & Spencer PLC v Cornerstone Telecommunications Decision

Adherence to ICNIRP Exclusion Zones and Procedural Timeliness in Electronic Communications Code Applications: The Marks & Spencer PLC v Cornerstone Telecommunications Decision

Date: Jun 14, 2023
Adherence to ICNIRP Exclusion Zones and Procedural Timeliness in Electronic Communications Code Applications: The Marks & Spencer PLC v Cornerstone Telecommunications Decision Introduction The legal...
Münchener Hypothekenbank v Seventeen Yellow Crowns SÀRL: Reinforcing Principles of Cross-Border Insolvency and International Comity

Münchener Hypothekenbank v Seventeen Yellow Crowns SÀRL: Reinforcing Principles of Cross-Border Insolvency and International Comity

Date: Jun 10, 2023
Münchener Hypothekenbank v Seventeen Yellow Crowns SÀRL: Reinforcing Principles of Cross-Border Insolvency and International Comity 1. Introduction The case of Münchener Hypothekenbank eG v Seventeen...
Establishing Vexatious Litigant Orders: Insights from Bain v Sime [2023] ScotCS CSIH_23

Establishing Vexatious Litigant Orders: Insights from Bain v Sime [2023] ScotCS CSIH_23

Date: Jun 9, 2023
Establishing Vexatious Litigant Orders: Insights from Bain v Sime [2023] ScotCS CSIH_23 Introduction The case of THE RT HON DOROTHY BAIN, KC, HIS MAJESTY'S ADVOCATE v FORBES BRUCE SIME ([2023] ScotCS...
Court of Session Declares Edinburgh Council’s Short-Term Lets Licensing Policy Unlawful: Implications for Rebuttable Presumptions and Licensing Standards

Court of Session Declares Edinburgh Council’s Short-Term Lets Licensing Policy Unlawful: Implications for Rebuttable Presumptions and Licensing Standards

Date: Jun 9, 2023
Court of Session Declares Edinburgh Council’s Short-Term Lets Licensing Policy Unlawful: Implications for Rebuttable Presumptions and Licensing Standards Introduction The Petition of Peter Ralph...
Assessing Risk in Compassionate Release: Comprehensive Commentary on [2023] CSOH 37

Assessing Risk in Compassionate Release: Comprehensive Commentary on [2023] CSOH 37

Date: Jun 8, 2023
Assessing Risk in Compassionate Release: Comprehensive Commentary on [2023] CSOH 37 Introduction The case of Petition of XY for Judicial Review ([2023] CSOH 37) represents a pivotal moment in the...
Establishing Reasonable Belief in Consent: Insights from LW v HMA [2023] ScotHC HCJAC_18

Establishing Reasonable Belief in Consent: Insights from LW v HMA [2023] ScotHC HCJAC_18

Date: Jun 2, 2023
Establishing Reasonable Belief in Consent: Insights from LW v HMA [2023] ScotHC HCJAC_18 Introduction The case of LW v HMA ([2023] ScotHC HCJAC_18) marks a significant development in Scottish...
Scope of Legal Professional Privilege in Report Amendments: University of Dundee v Chakraborty [2023] ScotCS CSIH_22

Scope of Legal Professional Privilege in Report Amendments: University of Dundee v Chakraborty [2023] ScotCS CSIH_22

Date: Jun 2, 2023
Scope of Legal Professional Privilege in Report Amendments: University of Dundee v Chakraborty [2023] ScotCS CSIH_22 Introduction The case of University of Dundee v. Prasun Chakraborty ([2023] ScotCS...
Habitual Residence Determination in International Child Custody: Analysis of Scottish Court of Session Judgment [2023] CSOH 34

Habitual Residence Determination in International Child Custody: Analysis of Scottish Court of Session Judgment [2023] CSOH 34

Date: Jun 2, 2023
Habitual Residence Determination in International Child Custody: Analysis of Scottish Court of Session Judgment [2023] CSOH 34 Introduction The case of Petition of BW for Order under the Child...
Access to Legal Advice in Warranted Searches Affirmed Only Upon Police Custody: McLean v HMA [2023] ScotHC HCJAC_16

Access to Legal Advice in Warranted Searches Affirmed Only Upon Police Custody: McLean v HMA [2023] ScotHC HCJAC_16

Date: May 27, 2023
Access to Legal Advice in Warranted Searches Affirmed Only Upon Police Custody: McLean v HMA [2023] ScotHC HCJAC_16 Introduction The case of Barry McLean versus Her Majesty's Advocate (HMA) before...
Clear Renunciations Bind: Insights from HM Advocate v JM [2023] HCJAC 20

Clear Renunciations Bind: Insights from HM Advocate v JM [2023] HCJAC 20

Date: May 25, 2023
Clear Renunciations Bind: Insights from HM Advocate v JM [2023] HCJAC 20 Introduction The case of HM Advocate v JM [2023] HCJAC 20 addresses a pivotal issue concerning the clarity and binding nature...
Scottish High Court Upholds Significant Fine in Health and Safety Breach Resulting in Resident's Death

Scottish High Court Upholds Significant Fine in Health and Safety Breach Resulting in Resident's Death

Date: May 24, 2023
Scottish High Court Upholds Significant Fine in Health and Safety Breach Resulting in Resident's Death Introduction The case of St David's Care Forfar Ltd v HMA ([2023] ScotHC HCJAC_17) revolves...
Misrepresentation and the Reduction of Personal Guarantees: Comprehensive Commentary on VED PARKASH v Royal Bank of Scotland PLC [2023] CSOH 33

Misrepresentation and the Reduction of Personal Guarantees: Comprehensive Commentary on VED PARKASH v Royal Bank of Scotland PLC [2023] CSOH 33

Date: May 24, 2023
Misrepresentation and the Reduction of Personal Guarantees: Comprehensive Commentary on VED PARKASH v Royal Bank of Scotland PLC [2023] CSOH 33 Introduction The case of Ved Parkash against The Royal...
Assessing the Reasonableness of Foreign Legal Costs in Scottish Judicial Proceedings: Insights from [2023] CSOH 32

Assessing the Reasonableness of Foreign Legal Costs in Scottish Judicial Proceedings: Insights from [2023] CSOH 32

Date: May 20, 2023
Assessing the Reasonableness of Foreign Legal Costs in Scottish Judicial Proceedings: Insights from [2023] CSOH 32 Introduction The case of School and Nursery Milk Alliance Ltd v Scottish Government...
Clarifying the Limits of Power of Attorney and Fiduciary Duties under the Adults with Incapacity (Scotland) Act 2000

Clarifying the Limits of Power of Attorney and Fiduciary Duties under the Adults with Incapacity (Scotland) Act 2000

Date: May 17, 2023
Clarifying the Limits of Power of Attorney and Fiduciary Duties under the Adults with Incapacity (Scotland) Act 2000 Introduction The case of Gordon Johnstone as Executor-Nominate of the Late...
AGB Scotland Ltd v Darren McDermott: Enforcing Adjudicator's Decision in Construction Contracts

AGB Scotland Ltd v Darren McDermott: Enforcing Adjudicator's Decision in Construction Contracts

Date: May 17, 2023
AGB Scotland Ltd v Darren McDermott: Enforcing Adjudicator's Decision in Construction Contracts Introduction AGB Scotland Ltd v Darren McDermott ([2023] CSOH 31) is a pivotal case adjudicated by Lord...
Court Affirms Article 6 Protections Against Unreasonable Delay in Criminal Proceedings

Court Affirms Article 6 Protections Against Unreasonable Delay in Criminal Proceedings

Date: May 13, 2023
Court Affirms Article 6 Protections Against Unreasonable Delay in Criminal Proceedings Introduction The case of His Majesty's Advocate v. Sylvia Catherine MacLennan ([2024] HCJAC 26) represents a...
Scottish Court Clarifies Standards for Unlawful Means Conspiracy in Competitive Bidding: The ScotWind NE6 Lease Case

Scottish Court Clarifies Standards for Unlawful Means Conspiracy in Competitive Bidding: The ScotWind NE6 Lease Case

Date: May 10, 2023
Scottish Court Clarifies Standards for Unlawful Means Conspiracy in Competitive Bidding: The ScotWind NE6 Lease Case Introduction The case of MORAY OFFSHORE RENEWABLE POWER LIMITED AGAINST BLUEFLOAT...
Approach to Determining Shortfall in Five-Year Effective Housing Land Supply in Planning Appeals

Approach to Determining Shortfall in Five-Year Effective Housing Land Supply in Planning Appeals

Date: May 6, 2023
Approach to Determining Shortfall in Five-Year Effective Housing Land Supply in Planning Appeals Introduction The case of Gladman Developments Ltd v The Scottish Ministers ([2023] CSIH 21) revolves...
Establishing Loss of a Chance in Section 212 Notes: Centenary 6 Ltd v TLT LLP [2023] CSOH 28

Establishing Loss of a Chance in Section 212 Notes: Centenary 6 Ltd v TLT LLP [2023] CSOH 28

Date: May 6, 2023
Establishing Loss of a Chance in Section 212 Notes: Centenary 6 Ltd v TLT LLP [2023] CSOH 28 Introduction The case of Centenary 6 Ltd v TLT LLP ([2023] CSOH 28) adjudicated by the Scottish Court of...
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