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  • Commentaries

Scotland Case Commentaries

Entitlement of Rejected Creditors to Appeal Decisions on Third-Party Claims: SPEX Group Holdings Ltd v Fraser &c [2022]

Entitlement of Rejected Creditors to Appeal Decisions on Third-Party Claims: SPEX Group Holdings Ltd v Fraser &c [2022]

Date: Sep 29, 2022
Entitlement of Rejected Creditors to Appeal Decisions on Third-Party Claims: SPEX Group Holdings Ltd v Fraser &c [2022] Introduction The case of SPEX Group Holdings Ltd against Alexander Iain Fraser...
Refining the Standards for Extending Interim Orders: Insights from Reclaiming Motion by K v General Medical Council

Refining the Standards for Extending Interim Orders: Insights from Reclaiming Motion by K v General Medical Council

Date: Sep 28, 2022
Refining the Standards for Extending Interim Orders: Insights from Reclaiming Motion by K v General Medical Council Introduction The case of Reclaiming Motion by K against General Medical Council...
Reassessment of "Fresh Claims" in Asylum Proceedings: Analysis of HJ (F/E) v Secretary of State for the Home Department [2022] ScotCS CSOH_69

Reassessment of "Fresh Claims" in Asylum Proceedings: Analysis of HJ (F/E) v Secretary of State for the Home Department [2022] ScotCS CSOH_69

Date: Sep 28, 2022
Reassessment of "Fresh Claims" in Asylum Proceedings: Analysis of HJ (F/E) v Secretary of State for the Home Department [2022] ScotCS CSOH_69 Introduction The case of HJ (F/E) against Secretary of...
Invalid Transfer of Croft Tenancies: Precedent Set in Mark Pattinson v John Miller Matheson [2022] CSIH 43

Invalid Transfer of Croft Tenancies: Precedent Set in Mark Pattinson v John Miller Matheson [2022] CSIH 43

Date: Sep 24, 2022
Invalid Transfer of Croft Tenancies: Precedent Set in Mark Pattinson v John Miller Matheson [2022] CSIH 43 Introduction The case of Mark Pattinson against John Miller Matheson ([2022] CSIH 43)...
Scottish Borders Council's Closure of Teviot Day Service: Landmark Judgment on Equality Duties and Procedural Fairness

Scottish Borders Council's Closure of Teviot Day Service: Landmark Judgment on Equality Duties and Procedural Fairness

Date: Sep 21, 2022
Scottish Borders Council's Closure of Teviot Day Service: Landmark Judgment on Equality Duties and Procedural Fairness Introduction The case of Petition of AB for Judicial Review ([2022] CSOH 68)...
Interim Employment Rights for Asylum Seekers Pending Judicial Review

Interim Employment Rights for Asylum Seekers Pending Judicial Review

Date: Sep 21, 2022
Interim Employment Rights for Asylum Seekers Pending Judicial Review: Insights from Mikhail Bakushev (AP) v Secretary of State for the Home Department [2022] CSOH 67 Introduction The case of Mikhail...
Reaffirmation of Final Certificate Conclusivity in Scottish Construction Contracts: D McLaughlin & Sons Ltd v East Ayrshire Council

Reaffirmation of Final Certificate Conclusivity in Scottish Construction Contracts: D McLaughlin & Sons Ltd v East Ayrshire Council

Date: Sep 17, 2022
Reaffirmation of Final Certificate Conclusivity in Scottish Construction Contracts D McLaughlin & Sons Ltd v East Ayrshire Council ([2022] ScotCS CSIH_42) Introduction The legal dispute between D...
Enhanced Evidentiary Clarity in Visitor Visa Decisions: Commentary on Ghulam Sughra v. Office of the Advocate General

Enhanced Evidentiary Clarity in Visitor Visa Decisions: Commentary on Ghulam Sughra v. Office of the Advocate General

Date: Sep 16, 2022
Enhanced Evidentiary Clarity in Visitor Visa Decisions: Commentary on Ghulam Sughra v. Office of the Advocate General Introduction The case of Ghulam Sughra v. Office of the Advocate General ([2022]...
Rectification of Land Conveyancing Documents Based on Common Intention: Drysdale v Purvis [2022] CSOH 66

Rectification of Land Conveyancing Documents Based on Common Intention: Drysdale v Purvis [2022] CSOH 66

Date: Sep 14, 2022
Rectification of Land Conveyancing Documents Based on Common Intention: Drysdale v Purvis [2022] CSOH 66 Introduction The case of Robert Drysdale against Robert Purvis and others ([2022] CSOH 66)...
Establishing the Limits of Long Residence Rules: A New Precedent on Discrimination in Student Support under the ECHR

Establishing the Limits of Long Residence Rules: A New Precedent on Discrimination in Student Support under the ECHR

Date: Sep 10, 2022
Establishing the Limits of Long Residence Rules: A New Precedent on Discrimination in Student Support under the ECHR Introduction The case of Ola Jasim v. Student Awards Agency Scotland ([2022]...
Murphy v Dunbia: Establishing Limits on Interim Damages under RCS 43.11

Murphy v Dunbia: Establishing Limits on Interim Damages under RCS 43.11

Date: Sep 10, 2022
Murphy v Dunbia: Establishing Limits on Interim Damages under RCS 43.11 Introduction The case of Francis Murphy against Dunbia (UK), trading as Highland Meats [2022] CSOH 65, adjudicated by the...
Occupiers’ Liability in Shared Ownership: Insights from [2022] CSOH 62

Occupiers’ Liability in Shared Ownership: Insights from [2022] CSOH 62

Date: Sep 8, 2022
Occupiers’ Liability in Shared Ownership: Insights from [2022] CSOH 62 Introduction The case of Leigh Fenwick and Others against Leon Dundas and Others SD against Grampian Health Board ([2022] CSOH...
SD v NHS Grampian Health Board: Reaffirming Standards in Medical Negligence and Causation

SD v NHS Grampian Health Board: Reaffirming Standards in Medical Negligence and Causation

Date: Sep 8, 2022
SD v NHS Grampian Health Board: Reaffirming Standards in Medical Negligence and Causation Introduction The case of SD against NHS Grampian Health Board ([2022] ScotCS CSOH_63) adjudicated by the...
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...
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