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  • Commentaries

Scotland Case Commentaries

Clarification on Conviction of Multiple Offences Based on the Same Species Facti in Scottish Law

Clarification on Conviction of Multiple Offences Based on the Same Species Facti in Scottish Law

Date: Dec 24, 2022
Clarification on Conviction of Multiple Offences Based on the Same Species Facti in Scottish Law Introduction Case Reference: Richard Gordon [2022] HCJAC 49 Court: Scottish High Court of Justiciary...
Scottish Fishermen's Organisation Ltd v Scottish Ministers [2023] ScotCS CSOH_2: Judicial Review of Economic Link Adjustments in Sea Fishing Licenses

Scottish Fishermen's Organisation Ltd v Scottish Ministers [2023] ScotCS CSOH_2: Judicial Review of Economic Link Adjustments in Sea Fishing Licenses

Date: Dec 24, 2022
Scottish Fishermen's Organisation Ltd v Scottish Ministers [2023] ScotCS CSOH_2: Judicial Review of Economic Link Adjustments in Sea Fishing Licenses Introduction The case of Scottish Fishermen's...
Novation and Assignment in Construction Contracts: Insights from SRB Civil Engineering UK Ltd vs Ramboll UK Ltd [2022] CSOH 93

Novation and Assignment in Construction Contracts: Insights from SRB Civil Engineering UK Ltd vs Ramboll UK Ltd [2022] CSOH 93

Date: Dec 21, 2022
Novation and Assignment in Construction Contracts: Insights from SRB Civil Engineering UK Ltd vs Ramboll UK Ltd [2022] CSOH 93 Introduction The case of SRB Civil Engineering UK Limited (SRBCE) versus...
High Court of Justiciary Strengthens Sentencing Regime for Repeated Domestic Rape Offenses

High Court of Justiciary Strengthens Sentencing Regime for Repeated Domestic Rape Offenses

Date: Dec 21, 2022
High Court of Justiciary Strengthens Sentencing Regime for Repeated Domestic Rape Offenses Introduction The judgment CROWN APPEALS AGAINST SENTENCE BY HMA AGAINST LB, JI, AND JT ([2022] ScotHC...
Interpretation of Contractor Obligations in Letters of Credit: Lagan Construction vs. Scot Roads (2022) CSOH 92

Interpretation of Contractor Obligations in Letters of Credit: Lagan Construction vs. Scot Roads (2022) CSOH 92

Date: Dec 21, 2022
Interpretation of Contractor Obligations in Letters of Credit: Lagan Construction vs. Scot Roads (2022) CSOH 92 Introduction The case of Lagan Construction Group Limited (in Administration) and Ian...
Enhancing Beneficiary Rights in Executor Accountability: Lesley Currie v Susan Jane Blair [2022] CSIH 58

Enhancing Beneficiary Rights in Executor Accountability: Lesley Currie v Susan Jane Blair [2022] CSIH 58

Date: Dec 21, 2022
Enhancing Beneficiary Rights in Executor Accountability: Lesley Currie v Susan Jane Blair [2022] CSIH 58 Introduction The case of Lesley Currie v Susan Jane Blair ([2022] CSIH 58) addresses critical...
Reclaiming Motion in Gartmore House v Loch Lomond & The Trossachs National Park Authority and the Scottish Ministers: Establishing the Sufficiency of Core Paths for Public Access

Reclaiming Motion in Gartmore House v Loch Lomond & The Trossachs National Park Authority and the Scottish Ministers: Establishing the Sufficiency of Core Paths for Public Access

Date: Dec 21, 2022
Reclaiming Motion in Gartmore House v Loch Lomond & The Trossachs National Park Authority and the Scottish Ministers: Establishing the Sufficiency of Core Paths for Public Access Introduction The...
Comity and Interim Interdicts: Upholding Scottish Court Orders Amidst Cross-Jurisdictional Anti-Suit Proceedings

Comity and Interim Interdicts: Upholding Scottish Court Orders Amidst Cross-Jurisdictional Anti-Suit Proceedings

Date: Dec 21, 2022
Comity and Interim Interdicts: Upholding Scottish Court Orders Amidst Cross-Jurisdictional Anti-Suit Proceedings Introduction The case of Hugh Hall Campbell KC against James Finlay (Kenya) Ltd...
Comprehensive Commentary on Grier v Lord Advocate and Chief Constable of Police Scotland [2022] CSIH 57

Comprehensive Commentary on Grier v Lord Advocate and Chief Constable of Police Scotland [2022] CSIH 57

Date: Dec 21, 2022
Malicious Prosecution in Scottish Law: Analysis of Grier v Lord Advocate and Chief Constable of Police Scotland [2022] CSIH 57 Introduction The case of David Grier against the Chief Constable of...
Clarifying Judicial Discretion in Winding-Up Foreign Companies Under the Insolvency Act 1986

Clarifying Judicial Discretion in Winding-Up Foreign Companies Under the Insolvency Act 1986

Date: Dec 17, 2022
Clarifying Judicial Discretion in Winding-Up Foreign Companies Under the Insolvency Act 1986 Introduction The case of Reclaiming Motion by Kingston Park House Ltd ([2022] CSIH 59) presents a pivotal...
Scottish Court of Session Establishes Limits on Prisoner Transfer under the Repatriation of Prisoners Act 1984

Scottish Court of Session Establishes Limits on Prisoner Transfer under the Repatriation of Prisoners Act 1984

Date: Dec 15, 2022
Scottish Court of Session Establishes Limits on Prisoner Transfer under the Repatriation of Prisoners Act 1984 Introduction The case of Thomas Andrew Wainwright against the Scottish Ministers marks a...
Miscarriage of Justice in Corroboration Standards: LC vs. HMA [2022] ScotHC HCJAC_47

Miscarriage of Justice in Corroboration Standards: LC vs. HMA [2022] ScotHC HCJAC_47

Date: Dec 14, 2022
Miscarriage of Justice in Corroboration Standards: LC vs. HMA [2022] ScotHC HCJAC_47 Introduction The case of LC vs. HMA ([2022] ScotHC HCJAC_47) presents a significant examination of the standards...
Redefining "Woman": Scottish Court of Session Upholds Inclusion of Gender Recognition Certificate Holders under Equality Act 2010

Redefining "Woman": Scottish Court of Session Upholds Inclusion of Gender Recognition Certificate Holders under Equality Act 2010

Date: Dec 14, 2022
Redefining "Woman": Scottish Court of Session Upholds Inclusion of Gender Recognition Certificate Holders under Equality Act 2010 Introduction The case of For Women Scotland Ltd v The Lord Advocate...
Enhancing Protection of Sexual Autonomy: Insights from APPEAL BY PF EDINBURGH AGAINST FAISAL AZIZ ([2022] HCJAC 46)

Enhancing Protection of Sexual Autonomy: Insights from APPEAL BY PF EDINBURGH AGAINST FAISAL AZIZ ([2022] HCJAC 46)

Date: Dec 14, 2022
Enhancing Protection of Sexual Autonomy: Insights from APPEAL BY PF EDINBURGH AGAINST FAISAL AZIZ ([2022] HCJAC 46) Introduction The case titled APPEAL BY PF EDINBURGH AGAINST FAISAL AZIZ ([2022]...
Judicial Review Upholds Tied Pubs (Scotland) Act 2021: Balancing Legislative Competence and Property Rights

Judicial Review Upholds Tied Pubs (Scotland) Act 2021: Balancing Legislative Competence and Property Rights

Date: Dec 10, 2022
Judicial Review Upholds Tied Pubs (Scotland) Act 2021: Balancing Legislative Competence and Property Rights Introduction The Scottish Court of Session delivered a pivotal decision on December 9,...
Limitation of Liability Clauses in Maintenance Contracts: Insights from Benkert UK Ltd v Paint Dispensing Ltd [2022] CSIH 55

Limitation of Liability Clauses in Maintenance Contracts: Insights from Benkert UK Ltd v Paint Dispensing Ltd [2022] CSIH 55

Date: Dec 10, 2022
Limitation of Liability Clauses in Maintenance Contracts: Insights from Benkert UK Ltd v Paint Dispensing Ltd [2022] CSIH 55 Introduction The case Benkert UK Ltd v Paint Dispensing Ltd ([2022] CSIH...
Limits on the Application of Serious Crime Prevention Orders: Balancing Public Protection and Rehabilitation in Eadie and Kennedy v The Advocate

Limits on the Application of Serious Crime Prevention Orders: Balancing Public Protection and Rehabilitation in Eadie and Kennedy v The Advocate

Date: Dec 3, 2022
Limits on the Application of Serious Crime Prevention Orders: Balancing Public Protection and Rehabilitation in Eadie and Kennedy v The Advocate Introduction The case of Darren Morton Eadie and John...
Interpreting 'Take Care' under Dublin III: Scottish Court of Session Sets New Precedent

Interpreting 'Take Care' under Dublin III: Scottish Court of Session Sets New Precedent

Date: Dec 3, 2022
Interpreting 'Take Care' under Dublin III: Scottish Court of Session Sets New Precedent Introduction The case of (FIRST) A (SECOND) B against Secretary of State for the Home Department ([2022] ScotCS...
Refining Valuation Standards: Scottish Court of Session Determines Net Annual Values of Damaged Commercial Properties

Refining Valuation Standards: Scottish Court of Session Determines Net Annual Values of Damaged Commercial Properties

Date: Nov 30, 2022
Refining Valuation Standards: Scottish Court of Session Determines Net Annual Values of Damaged Commercial Properties Introduction The case of Assessor for Lothian against Lloyds Banking Group PLC...
Unequal Division of Matrimonial Property: The Macdonald v Macdonald Decision

Unequal Division of Matrimonial Property: The Macdonald v Macdonald Decision

Date: Nov 26, 2022
Unequal Division of Matrimonial Property: The Macdonald v Macdonald Decision Introduction In the case of Michelle Macdonald v Gary Macdonald ([2022] CSOH 84), heard in the Outer House of the Scottish...
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