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  • Commentaries

Scotland Case Commentaries

Reaffirmation of Common Charge Classification in Property Management: South Lanarkshire Council Appeal Refused

Reaffirmation of Common Charge Classification in Property Management: South Lanarkshire Council Appeal Refused

Date: Sep 8, 2022
Reaffirmation of Common Charge Classification in Property Management: South Lanarkshire Council Appeal Refused Introduction The case of South Lanarkshire Council v. Gerald Boyd ([2022] CSIH 41)...
VAT Liability on Break Option Payments in Commercial Leases: A Landmark Judgment

VAT Liability on Break Option Payments in Commercial Leases: A Landmark Judgment

Date: Sep 7, 2022
VAT Liability on Break Option Payments in Commercial Leases: A Landmark Judgment Introduction The legal landscape surrounding Value Added Tax (VAT) obligations in commercial lease agreements has been...
Sovereignty and Anti-Suit Injunctions: The Scottish Court of Session's Stance in Campbell v Finlay (2022)

Sovereignty and Anti-Suit Injunctions: The Scottish Court of Session's Stance in Campbell v Finlay (2022)

Date: Aug 31, 2022
Sovereignty and Anti-Suit Injunctions: The Scottish Court of Session's Stance in Campbell v Finlay (2022) Introduction The case of Hugh Hall Campbell Q.C. v James Finlay (Kenya) Ltd ([2022] ScotCS...
Establishing Jurisdiction Limits on Recompense Claims Absent a Contract: CSG Commercial v AJ Capital Partners

Establishing Jurisdiction Limits on Recompense Claims Absent a Contract: CSG Commercial v AJ Capital Partners

Date: Aug 31, 2022
Establishing Jurisdiction Limits on Recompense Claims Absent a Contract: CSG Commercial v AJ Capital Partners Introduction The case of CSG Commercial Limited v AJ Capital Partners LLC ([2022] ScotCS...
Discounting Custodial Sentences through Community Payback Orders for Early Plea: Establishing New Precedent

Discounting Custodial Sentences through Community Payback Orders for Early Plea: Establishing New Precedent

Date: Aug 31, 2022
Discounting Custodial Sentences through Community Payback Orders for Early Plea: Establishing New Precedent Introduction The case APPEAL AGAINST SENTENCE BY ROBERT McDONALD AND EUAN MILLIGAN AGAINST...
Balancing Environmental Preservation and Renewable Energy Objectives: Insights from NLEI Ltd v Scottish Ministers [2022] CSIH 39

Balancing Environmental Preservation and Renewable Energy Objectives: Insights from NLEI Ltd v Scottish Ministers [2022] CSIH 39

Date: Aug 27, 2022
Balancing Environmental Preservation and Renewable Energy Objectives: Insights from NLEI Ltd v Scottish Ministers [2022] CSIH 39 Introduction The case NLEI Ltd v Scottish Ministers ([2022] CSIH 39)...
Affirming Permanent Equity Share Transfers over Temporary Loan Security: BV10 Ltd v Allanvale Land Investments Ltd

Affirming Permanent Equity Share Transfers over Temporary Loan Security: BV10 Ltd v Allanvale Land Investments Ltd

Date: Aug 26, 2022
Affirming Permanent Equity Share Transfers over Temporary Loan Security: BV10 Ltd v Allanvale Land Investments Ltd Introduction The case of BV10 Limited v Allanvale Land Investments Limited and...
Judicial Standards for Extending Interim Medical Registration Suspensions: Insights from IB v The General Medical Council [2022] CSIH 38

Judicial Standards for Extending Interim Medical Registration Suspensions: Insights from IB v The General Medical Council [2022] CSIH 38

Date: Aug 25, 2022
Judicial Standards for Extending Interim Medical Registration Suspensions: Insights from IB v The General Medical Council [2022] CSIH 38 Introduction The case IB Against The General Medical Council...
Defining 'Special Cause' under Section 275B: High Court of Justiciary in Edward Doran's Appeal [2023] HCJAC 15

Defining 'Special Cause' under Section 275B: High Court of Justiciary in Edward Doran's Appeal [2023] HCJAC 15

Date: Aug 25, 2022
Defining 'Special Cause' under Section 275B: High Court of Justiciary in Edward Doran's Appeal [2023] HCJAC 15 1. Introduction The case of Edward Doran v Her Majesty's Advocate ([2023] HCJAC 15)...
Establishing Corroboration in Section 1 Domestic Abuse Cases: Insights from [2022] HCJAC 33

Establishing Corroboration in Section 1 Domestic Abuse Cases: Insights from [2022] HCJAC 33

Date: Aug 24, 2022
Establishing Corroboration in Section 1 Domestic Abuse Cases: Insights from [2022] HCJAC 33 Introduction The case [2022] HCJAC 33, heard by the Scottish High Court of Justiciary on August 23, 2022,...
Establishing the Boundaries of Anti-Suit Interdicts: Insights from HUGH HALL CAMPBELL QC v. LORD DAVIDSON OF GLEN CLOVA QC

Establishing the Boundaries of Anti-Suit Interdicts: Insights from HUGH HALL CAMPBELL QC v. LORD DAVIDSON OF GLEN CLOVA QC

Date: Aug 23, 2022
Establishing the Boundaries of Anti-Suit Interdicts: Insights from HUGH HALL CAMPBELL QC v. LORD DAVIDSON OF GLEN CLOVA QC Introduction The case of HUGH HALL CAMPBELL QC (Petitioner) versus Lord...
Enhancing Jury Identification: Insights from Wishart v HM Advocate [2022] HCJAC 30

Enhancing Jury Identification: Insights from Wishart v HM Advocate [2022] HCJAC 30

Date: Aug 20, 2022
Enhancing Jury Identification: Insights from Wishart v HM Advocate [2022] HCJAC 30 Introduction The case of Mark Wishart v Her Majesty's Advocate ([2022] HCJAC 30) presents a pivotal examination of...
Legal Commentary on Club Los Claveles v First National Trustee Company Ltd [2022] ScotCS CSIH_35

Legal Commentary on Club Los Claveles v First National Trustee Company Ltd [2022] ScotCS CSIH_35

Date: Aug 19, 2022
Establishing Trustee Accountability in Unincorporated Associations: Insights from Club Los Claveles v First National Trustee Company Ltd [2022] Introduction The case of Club Los Claveles against...
Erasure as Mandatory Sanction for Persistent Dishonesty in Medical Practice: Analysis of [2022] CSIH 37

Erasure as Mandatory Sanction for Persistent Dishonesty in Medical Practice: Analysis of [2022] CSIH 37

Date: Aug 19, 2022
Erasure as Mandatory Sanction for Persistent Dishonesty in Medical Practice: Analysis of [2022] CSIH 37 Introduction The case of Professional Standards Authority for Health and Social Care vs Medical...
Judicial Upholding of ESA Regulations in Scottish Tribunal Appointments

Judicial Upholding of ESA Regulations in Scottish Tribunal Appointments

Date: Aug 19, 2022
Judicial Upholding of ESA Regulations in Scottish Tribunal Appointments Introduction The case of Victoria Reid v. Scottish Ministers ([2022] ScotCS CSOH_56) presents a significant judicial review...
Recognition and Enforcement of Cross-Border Deprivation of Liberty Orders under The Cross-border Placements Regulations 2022

Recognition and Enforcement of Cross-Border Deprivation of Liberty Orders under The Cross-border Placements Regulations 2022

Date: Aug 19, 2022
Recognition and Enforcement of Cross-Border Deprivation of Liberty Orders under The Cross-border Placements Regulations 2022 Introduction The case titled Petition for the Exercise of the Nobile...
Law Enforcement Data Retention under the Data Protection Act 2018: Insights from Robert Bartosik v Police Scotland [2022] CSOH 55

Law Enforcement Data Retention under the Data Protection Act 2018: Insights from Robert Bartosik v Police Scotland [2022] CSOH 55

Date: Aug 17, 2022
Law Enforcement Data Retention under the Data Protection Act 2018: Insights from Robert Bartosik v Police Scotland [2022] CSOH 55 Introduction The case of Robert Bartosik v Police Scotland [2022]...
Exclusive Liability in Medical Negligence: Insights from RECLAIMING MOTION BY CAR AGAINST MUFTAH SALEM ELJAMEL AND NHS TAYSIDE ([2022] ScotCS CSIH_34)

Exclusive Liability in Medical Negligence: Insights from RECLAIMING MOTION BY CAR AGAINST MUFTAH SALEM ELJAMEL AND NHS TAYSIDE ([2022] ScotCS CSIH_34)

Date: Aug 13, 2022
Exclusive Liability in Medical Negligence: Insights from RECLAIMING MOTION BY CAR AGAINST MUFTAH SALEM ELJAMEL AND NHS TAYSIDE ([2022] ScotCS CSIH_34) Introduction The case of Reclaiming Motion by...
Double Deduction for Remand Time in Long-Term Sentencing: Insights from CROWN APPEAL AGAINST SENTENCE AGAINST JAKE O'DOHERTY ([2022] ScotHC HCJAC_31)

Double Deduction for Remand Time in Long-Term Sentencing: Insights from CROWN APPEAL AGAINST SENTENCE AGAINST JAKE O'DOHERTY ([2022] ScotHC HCJAC_31)

Date: Aug 12, 2022
Double Deduction for Remand Time in Long-Term Sentencing: Insights from CROWN APPEAL AGAINST SENTENCE AGAINST JAKE O'DOHERTY ([2022] ScotHC HCJAC_31) Introduction In the case of CROWN APPEAL AGAINST...
Kirkwood v Thelem: Reevaluating the Reasonableness of Foreign Solicitor Fees in Scottish Litigation

Kirkwood v Thelem: Reevaluating the Reasonableness of Foreign Solicitor Fees in Scottish Litigation

Date: Aug 11, 2022
Kirkwood v Thelem: Reevaluating the Reasonableness of Foreign Solicitor Fees in Scottish Litigation Introduction The case of Dr Margaret Janis Kirkwood against Thelem Assurances ([2022] ScotCS...
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