Section 27D Appeals: When the 7‑Day Limit Runs from Issued Interlocutors Where Earlier Lodging Is Procedurally Impossible 1. Introduction This Inner House decision ([2026] CSIH 34, Lord Clark)...
Implied Repayment-on-Demand Term for Loans Lacking Repayment Provisions (and Limits of “Indemnity” Expenses Clauses) 1. Introduction In Samuray v Asanov (Outer House, Court of Session, [2026] CSOH...
Standard Security as Ancillary “Machinery”: Prior Joint Venture Agreement Can Bar Enforcement and Require Discharge Introduction In [2026] CSIH 35 (First Division, Inner House, Court of Session, 2...
Section 263(4) Impeachment vs Section 274 “Sexual Behaviour”: Pre‑incident Sexual Messages, Section 275 Error, and No Miscarriage of Justice Court: High Court of Justiciary (Appeal Court) Citation:...
Building Preservation Notice Triggers a Fresh Listing Duty: HES May Reconsider a Recent “No-List” Decision 1) Introduction This Inner House decision ([2026] CSIH 37, First Division) concerns the...
No mandatory “long time-gap” Moorov direction: adequacy of standard mutual corroboration directions is usually sufficient 1. Introduction In Appeal against Conviction by James Donaldson or Murray...
Mackay v Dick “Prevention” Principle Confirmed as Scots Law (Despite King Crude), But Not a Shortcut to Maximum Earnout 1. Introduction In (First) Lorraine Murray; (Second) Ian James Murray; and...
Objective construction of “competing with” in interim interdict contempt: regulatory compliance does not negate competition Court: Outer House, Court of Session | Citation: [2026] CSOH 62 | Date: 26...
Leave for Scots “Legal Error” Appeals: High “Obviously Wrong” Threshold and Strict Objective Construction of Contractual Notices Case: Petition Arbitration Application No 2 of 2026 (Court of Session)...
[2026] CSIH 32 — Group Proceedings: Authorisation Refusals Are Reclaimable Without Leave; Superiority/Efficiency Is a Discretionary, Early-Stage Assessment 1. Introduction In Michelle Donnelly...
Unsafe Legal Rights Payments by a Judicial Factor: Revaluation, “Circular” Company Loans, and Quinquennial Prescription of Beneficiary Claims Court: Outer House, Court of Session (Scottish Court of...
“Unviability” in Section 75A Affordable Housing Modifications: Positive Returns Require Evidence and Are for the Reporter’s Planning Judgment 1. Introduction In [2026] CSIH 30, the First Division of...
Strict Section 27 Permission Threshold in Scottish Extradition Appeals: Procedural Complaints, Defective Representation, and Fitness-to-Fly Evidence Court: High Court of Justiciary (Appeal Court),...
Section 170 Criminal Procedure (Scotland) Act 1995: Non-waivable, Substantive Immunity from Damages in Summary Proceedings (and Article 6 Not Engaged) 1. Introduction Reclaiming motion in the cause...
Biological Sex as the Bright-Line for Prison Accommodation in Scotland: Unlawfulness of Transgender Placement Guidance Post–FWS 2 Court: Scottish Court of Session (Outer House) Judge: Lady Ross...
Planning Conditions Are Not “Necessary” Where Major-Hazard Pipeline Risks Are Adequately Controlled by HSE Oversight and Statutory Safety Regimes 1) Introduction In [2026] CSIH 29 (First Division,...
Section 91 Police, Public Order and Criminal Justice (Scotland) Act 2006: No Sentence Reduction Without a Written Cooperation Agreement Introduction In Crown Appeal against Sentence by His Majesty's...
Wrongful birth in Scotland: duty of care owed to the father and additional care costs assessed by the child’s reasonable needs (not parental means) 1. Introduction In (First) PO and (Second) OO...
Monitoring Officers’ Ethical-Standards Advice and Councillor Self-Recusal: No Invalidity of Planning Permission Absent a Disqualification or Procedural Irregularity Court: Outer House, Court of...
Incompetent Differentiated Homicide Verdicts in Concert Murder Trials: Whole-Verdict Reconsideration Rather Than Implied Acquittal Court: Appeal Court, High Court of Justiciary (Scotland) Citation:...