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  • Commentaries

Scotland Case Commentaries

Establishing Warranty Effect and Assignability in Contractual Provisions: Commentary on Longhill Wind Farm LLP v Muirhall Energy Ltd ([2022] CSOH 85)

Establishing Warranty Effect and Assignability in Contractual Provisions: Commentary on Longhill Wind Farm LLP v Muirhall Energy Ltd ([2022] CSOH 85)

Date: Nov 26, 2022
Establishing Warranty Effect and Assignability in Contractual Provisions: Commentary on Longhill Wind Farm LLP v Muirhall Energy Ltd ([2022] CSOH 85) Introduction The case of Longhill Wind Farm LLP...
Implications of Reinsurance Transfers on Estate Distribution: Analysis of [2022] ScotCS CSIH_51

Implications of Reinsurance Transfers on Estate Distribution: Analysis of [2022] ScotCS CSIH_51

Date: Nov 25, 2022
Implications of Reinsurance Transfers on Estate Distribution: Analysis of [2022] ScotCS CSIH_51 Introduction The case of James Colville Hutchison and Another v. Scottish Court of Session ([2022]...
Reclaiming Motions in Childhood Abuse Cases: Establishing Fair Hearing Standards

Reclaiming Motions in Childhood Abuse Cases: Establishing Fair Hearing Standards

Date: Nov 25, 2022
Reclaiming Motions in Childhood Abuse Cases: Establishing Fair Hearing Standards Introduction The case of B and W v The Congregation of the Sisters of Nazareth ([2022] ScotCS CSIH_52) marks a...
Reaffirming the Hunter v Hanley Standard in Medical Negligence Claims: Greater Glasgow Health Board v James McGraw [2022] ScotCS CSOH_83

Reaffirming the Hunter v Hanley Standard in Medical Negligence Claims: Greater Glasgow Health Board v James McGraw [2022] ScotCS CSOH_83

Date: Nov 24, 2022
Reaffirming the Hunter v Hanley Standard in Medical Negligence Claims: Greater Glasgow Health Board v James McGraw [2022] ScotCS CSOH_83 Introduction In the case of James McGraw against Greater...
Establishing Jurisdiction in Cross-Border Children’s Proceedings: Analysis of LO and EO v. Scottish Children's Reporter Administration

Establishing Jurisdiction in Cross-Border Children’s Proceedings: Analysis of LO and EO v. Scottish Children's Reporter Administration

Date: Nov 23, 2022
Establishing Jurisdiction in Cross-Border Children’s Proceedings: Analysis of LO and EO v. Scottish Children's Reporter Administration Introduction The case of LO and EO v. Anne Marie McGinley...
Unfair Consideration of Unproven Allegations in Parole Decisions: Dean Ryan Judgment Analysis

Unfair Consideration of Unproven Allegations in Parole Decisions: Dean Ryan Judgment Analysis

Date: Nov 19, 2022
Unfair Consideration of Unproven Allegations in Parole Decisions: Dean Ryan Judgment Analysis Introduction The case of Dean Ryan ([2022] ScotCS CSOH_82) presents a significant examination of the...
State Discretion in Funding Judicial Reviews: Insights from Halley v Scottish Ministers

State Discretion in Funding Judicial Reviews: Insights from Halley v Scottish Ministers

Date: Nov 10, 2022
State Discretion in Funding Judicial Reviews: Insights from Halley v Scottish Ministers Introduction In the landmark case of Halley v Scottish Ministers [2022] ScotCS CSOH_81, the Scottish Court of...
Admissibility of Late Witness Testimony: Hughes v HM Advocate [2022]

Admissibility of Late Witness Testimony: Hughes v HM Advocate [2022]

Date: Nov 10, 2022
Admissibility of Late Witness Testimony: Hughes v HM Advocate [2022] Introduction The case of Darren James Hughes v HM Advocate ([2022] ScotHC HCJAC_44) represents a significant appellate decision by...
Establishing Jurisdiction Over Foreign Insolvent Entities: Insights from Kingston Park House Ltd v Granton Commercial Industrial Properties Ltd

Establishing Jurisdiction Over Foreign Insolvent Entities: Insights from Kingston Park House Ltd v Granton Commercial Industrial Properties Ltd

Date: Nov 4, 2022
Establishing Jurisdiction Over Foreign Insolvent Entities: Insights from Kingston Park House Ltd v Granton Commercial Industrial Properties Ltd Introduction The case of Kingston Park House Ltd v...
Sibling Participation in Judicial Review of Compulsory Supervision Orders: Insights from KT v Sheriff [2022] CSOH 80

Sibling Participation in Judicial Review of Compulsory Supervision Orders: Insights from KT v Sheriff [2022] CSOH 80

Date: Oct 29, 2022
Sibling Participation in Judicial Review of Compulsory Supervision Orders: Insights from KT v Sheriff [2022] CSOH 80 Introduction The case of KT v Sheriff [2022] CSOH 80 presents a pivotal moment in...
Enhanced Sentencing Guidelines for Child Murder: Insights from HCJAC 40

Enhanced Sentencing Guidelines for Child Murder: Insights from HCJAC 40

Date: Oct 28, 2022
Enhanced Sentencing Guidelines for Child Murder: Insights from HCJAC 40 Introduction The case of Lukasz Czapla v. Her Majesty's Advocate (HMA), referenced as [2022] HCJAC 40, presents a poignant...
Clarifying Material Misrepresentation in Planning Officer Reports: Edinburgh Crematorium Ltd v East Lothian Council

Clarifying Material Misrepresentation in Planning Officer Reports: Edinburgh Crematorium Ltd v East Lothian Council

Date: Oct 22, 2022
Clarifying Material Misrepresentation in Planning Officer Reports: Edinburgh Crematorium Ltd v East Lothian Council Introduction The case of Edinburgh Crematorium Ltd against East Lothian Council...
Unlawful Discrimination in Mental Health Legislation: Enhancing Tribunal Powers for Forensic Patients under Article 14 ECHR

Unlawful Discrimination in Mental Health Legislation: Enhancing Tribunal Powers for Forensic Patients under Article 14 ECHR

Date: Oct 20, 2022
Unlawful Discrimination in Mental Health Legislation: Enhancing Tribunal Powers for Forensic Patients under Article 14 ECHR Introduction The case of X v. Scottish Government Legal Directorate ([2022]...
Impartiality in Professional Relationships: SW v Health and Care Professions Council [2022] CSIH 47

Impartiality in Professional Relationships: SW v Health and Care Professions Council [2022] CSIH 47

Date: Oct 19, 2022
Impartiality in Professional Relationships: SW v Health and Care Professions Council [2022] CSIH 47 Introduction The case of SW v Health and Care Professions Council ([2022] CSIH 47) addresses...
Discrimination in Rehabilitation Program Allocation Violates Article 14 ECHR: Insights from Brown v. Scottish Ministers [2022] CSIH 48

Discrimination in Rehabilitation Program Allocation Violates Article 14 ECHR: Insights from Brown v. Scottish Ministers [2022] CSIH 48

Date: Oct 15, 2022
Discrimination in Rehabilitation Program Allocation Violates Article 14 ECHR: Insights from Brown v. Scottish Ministers [2022] CSIH 48 Introduction Brown v. Scottish Ministers ([2022] CSIH 48) is a...
Excessive Delay in FGTR Applications: Comprehensive Analysis of Morrice v. Scottish Ministers [2022] CSOH 77

Excessive Delay in FGTR Applications: Comprehensive Analysis of Morrice v. Scottish Ministers [2022] CSOH 77

Date: Oct 14, 2022
Excessive Delay in FGTR Applications: Comprehensive Analysis of Morrice v. Scottish Ministers [2022] CSOH 77 Introduction The case of Brian Morrice v. Scottish Ministers [2022] CSOH 77 presents a...
Reaffirming Legal Professional Privilege: Limits of Section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007

Reaffirming Legal Professional Privilege: Limits of Section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007

Date: Oct 12, 2022
Reaffirming Legal Professional Privilege: Limits of Section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007 Introduction The case of the Petition of the Scottish Legal Complaints...
Comprehensive Commentary on GOLDEN LANE SECURITIES LTD AND ANOTHER AGAINST RODERICK SCARBOROUGH ([2022] ScotCS CSOH_76)

Comprehensive Commentary on GOLDEN LANE SECURITIES LTD AND ANOTHER AGAINST RODERICK SCARBOROUGH ([2022] ScotCS CSOH_76)

Date: Oct 8, 2022
Comprehensive Commentary on GOLDEN LANE SECURITIES LTD AND ANOTHER AGAINST RODERICK SCARBOROUGH ([2022] ScotCS CSOH_76) Introduction The case of Golden Lane Securities Ltd and Another against...
Reaffirming Sovereign Authority under the State Immunity Act 1978: Analysis of SIMON MORRISON v MAPFRE MIDDLESEA INSURANCE plc and Others [2022] CSIH 45

Reaffirming Sovereign Authority under the State Immunity Act 1978: Analysis of SIMON MORRISON v MAPFRE MIDDLESEA INSURANCE plc and Others [2022] CSIH 45

Date: Oct 7, 2022
Reaffirming Sovereign Authority under the State Immunity Act 1978: Analysis of SIMON MORRISON v MAPFRE MIDDLESEA INSURANCE plc and Others [2022] CSIH 45 Introduction In the case of SIMON MORRISON...
Comprehensive Commentary on Whitehouse v Chief Constable of Police Scotland [2022] CSOH 75

Comprehensive Commentary on Whitehouse v Chief Constable of Police Scotland [2022] CSOH 75

Date: Oct 6, 2022
Comprehensive Legal Commentary on Whitehouse v Chief Constable of Police Scotland [2022] CSOH 75 Introduction The case of David John Whitehouse against the Chief Constable of Police Scotland and...
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