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  • Commentaries

Scotland Case Commentaries

Presumption and Burden of Proof in Meter Defect Claims: Insights from SSE Energy Supply Ltd v Stag Hotel Ltd [2022]

Presumption and Burden of Proof in Meter Defect Claims: Insights from SSE Energy Supply Ltd v Stag Hotel Ltd [2022]

Date: Aug 11, 2022
Presumption and Burden of Proof in Meter Defect Claims: Insights from SSE Energy Supply Ltd v Stag Hotel Ltd [2022] ScotCS CSOH_54 Introduction The case of SSE Energy Supply Ltd against Stag Hotel...
Judicial Commentary: Sinclair v HMA – Reinforcing the Integrity of First Diet Procedures in the Scottish High Court

Judicial Commentary: Sinclair v HMA – Reinforcing the Integrity of First Diet Procedures in the Scottish High Court

Date: Aug 6, 2022
Sinclair v HMA – Reinforcing the Integrity of First Diet Procedures in the Scottish High Court Introduction The case Sinclair v Her Majesty's Advocate (HMA), [2023] ScotHC HCJAC_5, adjudicated by the...
Bribery and Vicarious Liability in Scots Law: Oil States Industries v "S" Ltd and Others [2022]

Bribery and Vicarious Liability in Scots Law: Oil States Industries v "S" Ltd and Others [2022]

Date: Aug 5, 2022
Bribery and Vicarious Liability in Scots Law: Oil States Industries v "S" Ltd and Others [2022] Introduction The case of Oil States Industries (UK) Ltd against "S" Ltd and Others ([2022] ScotCS...
Admissibility of Circumstantial Evidence and Extra-Judicial Admissions: An Analysis of [2023] HCJAC 42

Admissibility of Circumstantial Evidence and Extra-Judicial Admissions: An Analysis of [2023] HCJAC 42

Date: Aug 4, 2022
Admissibility of Circumstantial Evidence and Extra-Judicial Admissions: An Analysis of [2023] HCJAC 42 Introduction The case of Andrew Gerald Lingard vs. Her Majesty's Advocate ([2023] HCJAC 42)...
Extension of the Twelve-Month Time Bar under Section 65 of the Criminal Procedure (Scotland) Act 1995: Barr v HM Advocate [2023] ScotHC HCJAC_9

Extension of the Twelve-Month Time Bar under Section 65 of the Criminal Procedure (Scotland) Act 1995: Barr v HM Advocate [2023] ScotHC HCJAC_9

Date: Jul 29, 2022
Extension of the Twelve-Month Time Bar under Section 65 of the Criminal Procedure (Scotland) Act 1995: Barr v HM Advocate [2023] ScotHC HCJAC_9 Introduction The case of Philip Michael Barr versus Her...
URQUHART v WEST LARKIN LTD [2022]: Establishing Tenant's Enforceable Right to Purchase under the Agricultural Holdings Act 2003

URQUHART v WEST LARKIN LTD [2022]: Establishing Tenant's Enforceable Right to Purchase under the Agricultural Holdings Act 2003

Date: Jul 29, 2022
URQUHART v WEST LARKIN LTD [2022]: Establishing Tenant's Enforceable Right to Purchase under the Agricultural Holdings Act 2003 Introduction The case of URQUHART v WEST LARKIN LTD ([2022] ScotCS...
Assessment of Exacerbation of Pre-existing Somatoform Symptom Disorder in Personal Injury Claims: Cossey v Buccleuch Estates Ltd [2022] ScotCS CSOH_50

Assessment of Exacerbation of Pre-existing Somatoform Symptom Disorder in Personal Injury Claims: Cossey v Buccleuch Estates Ltd [2022] ScotCS CSOH_50

Date: Jul 28, 2022
Assessment of Exacerbation of Pre-existing Somatoform Symptom Disorder in Personal Injury Claims: Cossey v Buccleuch Estates Ltd [2022] ScotCS CSOH_50 Introduction The case of Sharon Cossey against...
Affirmation of Stringent Sentencing for Firearm-Aggravated Murder: Owens v HM Advocate [2022] HCJAC 29

Affirmation of Stringent Sentencing for Firearm-Aggravated Murder: Owens v HM Advocate [2022] HCJAC 29

Date: Jul 23, 2022
Affirmation of Stringent Sentencing for Firearm-Aggravated Murder: Owens v HM Advocate [2022] HCJAC 29 Introduction The case of Jordan Ally Donald Owens versus Her Majesty's Advocate ([2022] ScotHC...
Reaffirming the Standards of Fair Notice in Criminal Charges: Insights from [2022] ScotHC HCJAC_42

Reaffirming the Standards of Fair Notice in Criminal Charges: Insights from [2022] ScotHC HCJAC_42

Date: Jul 22, 2022
Reaffirming the Standards of Fair Notice in Criminal Charges: Insights from [2022] ScotHC HCJAC_42 Introduction The case of HMA Appeal against Brian John Loughlin ([2022] ScotHC HCJAC_42) adjudicated...
Strict Interpretation of Contract Terms in Share Purchase Agreements – Keiron David Paterson v Angelline (Scotland) Ltd

Strict Interpretation of Contract Terms in Share Purchase Agreements – Keiron David Paterson v Angelline (Scotland) Ltd

Date: Jul 22, 2022
Strict Interpretation of Contract Terms in Share Purchase Agreements – Keiron David Paterson v Angelline (Scotland) Ltd Introduction The case of Keiron David Paterson against Angelline (Scotland) Ltd...
Formation and Enforceability of Exclusive Supply Contracts: Insights from Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd [2022] CSOH 49

Formation and Enforceability of Exclusive Supply Contracts: Insights from Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd [2022] CSOH 49

Date: Jul 21, 2022
Formation and Enforceability of Exclusive Supply Contracts: Insights from Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd [2022] CSOH 49 Introduction The case of Supaseal Glass Ltd v...
HHP (FE/LA) v Secretary of State: Judicial Review Standards for Sur Place Activities in Asylum Cases

HHP (FE/LA) v Secretary of State: Judicial Review Standards for Sur Place Activities in Asylum Cases

Date: Jul 16, 2022
HHP (FE/LA) v Secretary of State: Judicial Review Standards for Sur Place Activities in Asylum Cases Introduction The case of HHP (FE/LA) v Secretary of State for the Home Department ([2022] CSOH 48)...
Corroborative Evidence in Assault Convictions: Insights from WM v HMA [2022] ScotHC HCJAC_28

Corroborative Evidence in Assault Convictions: Insights from WM v HMA [2022] ScotHC HCJAC_28

Date: Jul 15, 2022
Corroborative Evidence in Assault Convictions: Insights from WM v HMA [2022] ScotHC HCJAC_28 Introduction The case of WM v Her Majesty's Advocate (HMA) ([2022] ScotHC HCJAC_28) presents a pivotal...
Clarifying the Doctrine of Mutual Corroboration: Insights from [2022] HCJAC 27

Clarifying the Doctrine of Mutual Corroboration: Insights from [2022] HCJAC 27

Date: Jul 13, 2022
Clarifying the Doctrine of Mutual Corroboration: Insights from [2022] HCJAC 27 Introduction In the landmark case APPEAL AGAINST CONVICTION BY DM AGAINST HMA ([2022] HCJAC 27), the Scottish High Court...
Affirmation of Owners' Sole Authority in Determining Completion under Remedial Works Agreement

Affirmation of Owners' Sole Authority in Determining Completion under Remedial Works Agreement

Date: Jul 9, 2022
Affirmation of Owners' Sole Authority in Determining Completion under Remedial Works Agreement Introduction The case of Reclaiming Motions by Network Rail Infrastructure Ltd against Fern Trustee 1...
Scottish Court of Session Approves Variation of Trust Purposes under Section 1(1) of the Trusts (Scotland) Act 1961

Scottish Court of Session Approves Variation of Trust Purposes under Section 1(1) of the Trusts (Scotland) Act 1961

Date: Jul 6, 2022
Scottish Court of Session Approves Variation of Trust Purposes under Section 1(1) of the Trusts (Scotland) Act 1961 Introduction The case Andrew James Ronald Lindsay and Another as Trustees of the...
Reclaiming Motion by Abdelwahab-Kaba Dafaalla: Reinforcing Local Authorities' Duties Under Section 28 of the Housing (Scotland) Act 1987

Reclaiming Motion by Abdelwahab-Kaba Dafaalla: Reinforcing Local Authorities' Duties Under Section 28 of the Housing (Scotland) Act 1987

Date: Jul 6, 2022
Reclaiming Motion by Abdelwahab-Kaba Dafaalla: Reinforcing Local Authorities' Duties Under Section 28 of the Housing (Scotland) Act 1987 Introduction The case of Reclaiming Motion by Abdelwahab-Kaba...
Prescriptive Periods and Contingent Damnum: Insights from C&L Mair v Mike Dewis Farm Systems Ltd [2022] ScotCS CSOH_47

Prescriptive Periods and Contingent Damnum: Insights from C&L Mair v Mike Dewis Farm Systems Ltd [2022] ScotCS CSOH_47

Date: Jul 2, 2022
Prescriptive Periods and Contingent Damnum: Insights from C&L Mair v Mike Dewis Farm Systems Ltd [2022] ScotCS CSOH_47 Introduction The case of The Firm of C&L Mair against Mike Dewis Farm Systems...
Establishing Causation and Assessing Damages in Clerical Sexual Abuse: Insights from D v The Bishop's Conference of Scotland [2022] ScotCS CSOH_46

Establishing Causation and Assessing Damages in Clerical Sexual Abuse: Insights from D v The Bishop's Conference of Scotland [2022] ScotCS CSOH_46

Date: Jul 1, 2022
Establishing Causation and Assessing Damages in Clerical Sexual Abuse: Insights from D v The Bishop's Conference of Scotland [2022] ScotCS CSOH_46 Introduction The case of D v The Bishop's Conference...
Admission as Corroborative Evidence in Sexual Abuse Convictions: Analysis of [2022] HCJAC 25

Admission as Corroborative Evidence in Sexual Abuse Convictions: Analysis of [2022] HCJAC 25

Date: Jun 29, 2022
Admission as Corroborative Evidence in Sexual Abuse Convictions: Analysis of [2022] HCJAC 25 Introduction The case CR v. Her Majesty's Advocate ([2022] HCJAC 25) adjudicated by the Scottish High...
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