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  • Commentaries

Scotland Case Commentaries

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...
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...
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