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  • Commentaries

Scotland Case Commentaries

Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021

Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021

Date: Jun 9, 2025
Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021 Introduction In James Gillespie and another v Alan...
Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals

Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals

Date: Jun 9, 2025
Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals Introduction This case arises from an appeal by J29 (Scotland) Limited ("the...
EO: Incapacity of Natural Parents and the Necessity-Only Adoption Order  
— [2025] CSOH 45

EO: Incapacity of Natural Parents and the Necessity-Only Adoption Order — [2025] CSOH 45

Date: May 29, 2025
EO: Incapacity of Natural Parents and the Necessity-Only Adoption Order — [2025] CSOH 45 Introduction In AD10/23 the Outer House of the Scottish Court of Session was asked to decide whether J.K....
“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed

“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed

Date: May 28, 2025
“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed Introduction In Appeal against Sentence by NS v. HMA ([2025] HCJAC 24) the Scottish High...
Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings

Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings

Date: May 28, 2025
Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings Introduction This commentary examines the decision in Milligan v Jaguar Land Rover Automotive Plc and...
Material Change and Forum Competence in Article 15 Jurisdiction Transfers

Material Change and Forum Competence in Article 15 Jurisdiction Transfers

Date: May 23, 2025
Material Change and Forum Competence in Article 15 Jurisdiction Transfers Introduction This commentary reviews the decision of the Scottish Court of Session in Brechin v LO & EO ([2025] CSIH 15),...
Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases: Beveridge [2025] HCJAC 23

Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases: Beveridge [2025] HCJAC 23

Date: May 22, 2025
Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases Introduction This commentary examines the decision of the Scottish High Court of Justiciary...
Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards

Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards

Date: May 21, 2025
Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards Introduction This commentary examines the Court of Session’s decision in Tracy McFadyean v...
Information-Gathering Resolutions and the Public Service Equality Duty: McLean v Aberdeen City Council ([2025] CSIH 13)

Information-Gathering Resolutions and the Public Service Equality Duty: McLean v Aberdeen City Council ([2025] CSIH 13)

Date: May 21, 2025
Information-Gathering Resolutions and the Public Service Equality Duty Introduction Simon McLean, a resident of Torry in Aberdeen, uses St Fittick’s Park (“the Park”) for recreation and well-being....
Defining Suitability and Efficiency in Scottish Group Proceedings: Mackay v Nissan Motor Co Ltd & Ors

Defining Suitability and Efficiency in Scottish Group Proceedings: Mackay v Nissan Motor Co Ltd & Ors

Date: May 21, 2025
Defining Suitability and Efficiency in Scottish Group Proceedings: Mackay v Nissan Motor Co Ltd & Ors Introduction This commentary examines the Inner House decision in Reclaiming Motion by Joseph...
Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements

Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements

Date: May 10, 2025
Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements Introduction This commentary examines the Inner House decision in CD v ND ([2025] CSIH 12), delivered...
Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22

Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22

Date: May 3, 2025
Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22 Introduction This appeal arises from convictions of Richard Mullen for having offensive weapons in Perth Prison...
Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts

Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts

Date: May 3, 2025
Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts 1. Introduction This commentary examines the judgment of the Scottish...
Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders

Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders

Date: May 2, 2025
Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders Introduction In Papel Payment Services Provider LLC v Monitox Ltd [2025] CSOH 41, the Outer House of the Scottish Court of...
Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions

Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions

Date: May 2, 2025
Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions Introduction In Petition of Shorshi Mohammadi for...
Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995

Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995

Date: Apr 30, 2025
Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995 Introduction The case of Marshall v His Majesty’s...
Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials

Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials

Date: Apr 30, 2025
Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials Introduction This commentary examines the Scottish High Court of Justiciary’s decision in...
Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards

Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards

Date: Apr 29, 2025
Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards Introduction F v Gordon Chalmers & Others [2025] CSOH 43 is a Note on Interest delivered by Lord Clark in the...
Reaffirmation of Counterfactual Test and Valuation Principles in Unlawful Means Conspiracy Claims

Reaffirmation of Counterfactual Test and Valuation Principles in Unlawful Means Conspiracy Claims

Date: Apr 25, 2025
Reaffirmation of Counterfactual Test and Valuation Principles in Unlawful Means Conspiracy Claims Introduction This judgment arises from Robert Gordon Kidd’s reclaiming motion against Lime Rock...
Relatives’ Actions Timeously Raised Under Section 18(2)(a) Are Not Caught by the Jury Trial Bar in Section 22(4) of the 1973 Act

Relatives’ Actions Timeously Raised Under Section 18(2)(a) Are Not Caught by the Jury Trial Bar in Section 22(4) of the 1973 Act

Date: Apr 23, 2025
Relatives’ Actions Timeously Raised Under Section 18(2)(a) Are Not Caught by the Jury Trial Bar in Section 22(4) of the 1973 Act Introduction This commentary examines the Scottish Court of Session...
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