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  • Commentaries

Scotland Case Commentaries

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...
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...
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