Scotland Case Commentaries

Scottish High Court Sets New Precedent on Digital Evidence Reliability and Prosecutorial Disclosure: The Horizon System Appeals

Date: May 1, 2024

Scottish High Court Sets New Precedent on Digital Evidence Reliability and Prosecutorial Disclosure: The Horizon System Appeals Introduction The judgment titled APPEALS BY WILLIAM JOHN QUARM AND...

Clarifying Small Scale Neighbourhood Developments under Policy 28 of NPF4: Insights from Tesco Stores Ltd v Perth and Kinross Council

Date: Apr 27, 2024

Clarifying Small Scale Neighbourhood Developments under Policy 28 of NPF4: Insights from Tesco Stores Ltd v Perth and Kinross Council Introduction Parties Involved: The petitioner in this case is...

Standards for Credibility of Affidavit Evidence in Section 106 Appeals: Insights from Sahail Ahmed Appeal

Date: Apr 27, 2024

Standards for Credibility of Affidavit Evidence in Section 106 Appeals: Insights from Sahail Ahmed Appeal Introduction The case of Sahail Ahmed v. His Majesty's Advocate ([2024] ScotHC HCJAC_14)...

Scottish Ministers' Licensing Variations Must Comply with National Marine Plan: A Landmark Ruling

Date: Apr 26, 2024

Scottish Ministers' Licensing Variations Must Comply with National Marine Plan: A Landmark Ruling Introduction In the recent judicial review case Open Seas Trust v Scottish Ministers ([2024] ScotCS...

Mitigating Factors in Contempt of Court Sentencing: Insights from RECLAIMING MOTION BY THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F [2024]

Date: Apr 25, 2024

Mitigating Factors in Contempt of Court Sentencing: Insights from RECLAIMING MOTION BY THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F [2024] Introduction In the case titled RECLAIMING...

Child-Centric Approach in Hague Convention Cases: Establishing a New Precedent

Date: Apr 24, 2024

Child-Centric Approach in Hague Convention Cases: Establishing a New Precedent Introduction The case titled Petition of FPS for Orders under the Child Abduction and Custody Act 1985 ([2024] CSOH 45)...

Reaffirmation of the Duty of Disclosure in Criminal Trials: Insights from Lesley Clarkson Appeal [2024] HCJAC 13

Date: Apr 24, 2024

Reaffirmation of the Duty of Disclosure in Criminal Trials: Insights from Lesley Clarkson Appeal [2024] HCJAC 13 Introduction The appeal in the case of Lesley Clarkson [2024] HCJAC 13, heard by the...

Doctrine of Prescription in Commercial Property Defect Claims: A Comprehensive Analysis of LEONARDO Hotel Management v Galliford Try Building 2014 Ltd ([2024] CSOH 43)

Date: Apr 20, 2024

Doctrine of Prescription in Commercial Property Defect Claims: A Comprehensive Analysis of LEONARDO Hotel Management v Galliford Try Building 2014 Ltd ([2024] CSOH 43) Introduction The case of...

Establishing Standards for Equality Impact Assessments in Social Care Charging Policies: BB v Glasgow City Council [2024] CSOH 44

Date: Apr 20, 2024

Establishing Standards for Equality Impact Assessments in Social Care Charging Policies: BB v Glasgow City Council [2024] CSOH 44 Introduction The case of BB for Judicial Review [2024] CSOH 44...

Causation and Scope of Duty in Medical Negligence: Insights from SD v Grampian Health Board [2024] CSIH 7

Date: Apr 20, 2024

Causation and Scope of Duty in Medical Negligence: Insights from SD v Grampian Health Board [2024] CSIH 7 Introduction The case of SD as Legal Representative of LD against Grampian Health Board...

Refusal of Leave to Appeal Reinforces Procedural Integrity of the Scottish Legal Complaints Commission

Date: Apr 13, 2024

Refusal of Leave to Appeal Reinforces Procedural Integrity of the Scottish Legal Complaints Commission Introduction The case of Jennifer Chinwo v. Scottish Legal Complaints Commission (SLCC) ([2024]...

Affirmation of Unfair Prejudice under Companies Act 2006: Comprehensive Analysis of Allan Davidson & Others v Pinz Bowling Limited [2024] ScotCS CSOH_42

Date: Apr 13, 2024

Affirmation of Unfair Prejudice under Companies Act 2006: Comprehensive Analysis of Allan Davidson & Others v Pinz Bowling Limited [2024] ScotCS CSOH_42 Introduction The case of Allan Davidson and...

Crown Vicarious Liability and Judicial Independence: Insights from X v Sheriff John Albert Brown and The Lord Advocate [2024] SCOTCS CSIH_6

Date: Apr 13, 2024

Crown Vicarious Liability and Judicial Independence: Insights from X v Sheriff John Albert Brown and The Lord Advocate [2024] ScotCS CSIH_6 Introduction The case X v Sheriff John Albert Brown and The...

Strengthening Juror Directions on Identification and Mutual Corroboration: [2024] ScotHC HCJAC_12

Date: Apr 8, 2024

Strengthening Juror Directions on Identification and Mutual Corroboration: [2024] ScotHC HCJAC_12 Introduction The case of AX v HIS MAJESTY'S ADVOCATE ([2024] ScotHC HCJAC_12) represents a...

Enforcement of Unconditional Payment Obligations Amidst Best Endeavours Clauses: Beaton v Beaton [2024] ScotCS CSOH_41

Date: Apr 6, 2024

Enforcement of Unconditional Payment Obligations Amidst Best Endeavours Clauses Introduction In the case of Alasdair Beaton and Another against Linda Beaton ([2024] ScotCS CSOH_41), the Scottish...

Weighting Child's Autonomy in International Custody Disputes: TS v S [2024] CSOH 40

Date: Apr 5, 2024

Weighting Child's Autonomy in International Custody Disputes: TS v S [2024] CSOH 40 Introduction The case of TS v S [2024] CSOH 40 addresses critical issues surrounding international child custody...

Equal Apportionment of Liability in Cycling Collision under the Law Reform (Contributory Negligence) Act 1945

Date: Apr 4, 2024

Equal Apportionment of Liability in Cycling Collision under the Law Reform (Contributory Negligence) Act 1945 Introduction The case of Nigel Dick against Joseph Merrick ([2024] ScotCS CSOH_39)...

Best Interests of the Child Prevail: Comprehensive Custody Decision in Domestic Abuse Case

Date: Mar 29, 2024

Best Interests of the Child Prevail: Comprehensive Custody Decision in Domestic Abuse Case Introduction The case of M against A ([2024] CSOH 38) adjudicated by the Scottish Court of Session on March...

Vicarious Liability in Kinship Care Placements: Cruickshanks v Glasgow City Council [2024] ScotCS CSOH_35

Date: Mar 27, 2024

Vicarious Liability in Kinship Care Placements: Cruickshanks v Glasgow City Council [2024] ScotCS CSOH_35 Introduction In the case of Tommy Lee Cruickshanks against Glasgow City Council ([2024]...

Turnbull v. Directors of Against the Head Ltd: Establishing Limits on Winding Up Petitions for Insolvent Companies

Date: Mar 27, 2024

Turnbull v. Directors of Against the Head Ltd: Establishing Limits on Winding Up Petitions for Insolvent Companies Introduction The case of Christopher Turnbull vs. Directors of Against the Head Ltd...