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  • Commentaries

Scotland Case Commentaries

Judicial Review of Petitioner Neil Robertson's Access to Community: Establishing Precedents in Prison Management under the Equality Act 2010

Judicial Review of Petitioner Neil Robertson's Access to Community: Establishing Precedents in Prison Management under the Equality Act 2010

Date: Jun 25, 2022
Judicial Review of Petitioner Neil Robertson's Access to Community: Establishing Precedents in Prison Management under the Equality Act 2010 Introduction The case of Neil Robertson vs. Scottish...
Establishing Honest Practices Defense in Trademark Infringement: The Tomatin Distillery Ltd v Tomatin Trading Company Ltd [2022]

Establishing Honest Practices Defense in Trademark Infringement: The Tomatin Distillery Ltd v Tomatin Trading Company Ltd [2022]

Date: Jun 15, 2022
Establishing Honest Practices Defense in Trademark Infringement: The Tomatin Distillery Ltd v Tomatin Trading Company Ltd [2022] Introduction The case of The Tomatin Distillery Company Ltd versus The...
Permissibility of Docket Inclusion Post-Acquittal: A Comprehensive Analysis of CROWN APPEAL UNDER SECTION 74 BY HMA AGAINST RS ([2022] ScotHC HCJAC_41)

Permissibility of Docket Inclusion Post-Acquittal: A Comprehensive Analysis of CROWN APPEAL UNDER SECTION 74 BY HMA AGAINST RS ([2022] ScotHC HCJAC_41)

Date: Jun 14, 2022
Permissibility of Docket Inclusion Post-Acquittal: A Comprehensive Analysis of CROWN APPEAL UNDER SECTION 74 BY HMA AGAINST RS ([2022] ScotHC HCJAC_41) Introduction The case CROWN APPEAL UNDER...
Restricting the Crown's Duty of Disclosure to Listed Witnesses: Analysis of [2022] HCJAC 23

Restricting the Crown's Duty of Disclosure to Listed Witnesses: Analysis of [2022] HCJAC 23

Date: Jun 10, 2022
Restricting the Crown's Duty of Disclosure to Listed Witnesses: Analysis of [2022] HCJAC 23 Introduction The case Appeal by MA against Her Majesty's Advocate ([2022] HCJAC 23) deliberated on the...
Procedural Fairness in Asylum Appeals: Insights from MA v Secretary of State for the Home Department [2022] ScotSC CSIH_27

Procedural Fairness in Asylum Appeals: Insights from MA v Secretary of State for the Home Department [2022] ScotSC CSIH_27

Date: Jun 10, 2022
Procedural Fairness in Asylum Appeals: Insights from MA v Secretary of State for the Home Department [2022] ScotSC CSIH_27 Introduction The case MA v Secretary of State for the Home Department...
Establishing the Credibility Threshold in Fresh Evidence Appeals: Analysis of [2022] HCJAC 20

Establishing the Credibility Threshold in Fresh Evidence Appeals: Analysis of [2022] HCJAC 20

Date: Jun 1, 2022
Establishing the Credibility Threshold in Fresh Evidence Appeals: Analysis of [2022] HCJAC 20 Introduction The case of GC vs. Her Majesty's Advocate ([2022] HCJAC 20) represents a critical...
W v T [2022] CSOH 44: Employer’s Duty to Employee’s Mental Health in Competence Processes – A Comprehensive Commentary

W v T [2022] CSOH 44: Employer’s Duty to Employee’s Mental Health in Competence Processes – A Comprehensive Commentary

Date: May 28, 2022
W v T [2022] CSOH 44: Employer’s Duty to Employee’s Mental Health in Competence Processes – A Comprehensive Commentary Introduction In the case of T v W [2022] CSOH 44, the Scottish Court of Session...
Interpreting 'Achieved Sales' in Bonus Schemes Amidst Unforeseen Business Surge: MAST Group Ltd v Patricia Chalmers [2022] ScotSC CSOH_43

Interpreting 'Achieved Sales' in Bonus Schemes Amidst Unforeseen Business Surge: MAST Group Ltd v Patricia Chalmers [2022] ScotSC CSOH_43

Date: May 26, 2022
Interpreting 'Achieved Sales' in Bonus Schemes Amidst Unforeseen Business Surge: MAST Group Ltd v Patricia Chalmers [2022] ScotSC CSOH_43 Introduction The case of MAST Group Limited against Patricia...
Defective Legal Representation and DNA Cross-Contamination: A Landmark Judgment by the Scottish High Court of Justiciary

Defective Legal Representation and DNA Cross-Contamination: A Landmark Judgment by the Scottish High Court of Justiciary

Date: May 26, 2022
Defective Legal Representation and DNA Cross-Contamination: A Landmark Judgment by the Scottish High Court of Justiciary Introduction The case of Kevin Guthrie v. Her Majesty's Advocate ([2022] HCJAC...
Addressing Indirect Discrimination on Grounds of Residence in Criminal Injuries Compensation: Insights from [2022] ScotSC CSOH_41

Addressing Indirect Discrimination on Grounds of Residence in Criminal Injuries Compensation: Insights from [2022] ScotSC CSOH_41

Date: May 19, 2022
Addressing Indirect Discrimination on Grounds of Residence in Criminal Injuries Compensation: Insights from [2022] ScotSC CSOH_41 Introduction The case A v Criminal Injuries Compensation Authority...
Importance of Expert Causation Evidence in Clinical Negligence: Arlene Chisholm v Grampian Health Board

Importance of Expert Causation Evidence in Clinical Negligence: Arlene Chisholm v Grampian Health Board

Date: May 19, 2022
Importance of Expert Causation Evidence in Clinical Negligence: Arlene Chisholm v Grampian Health Board 1. Introduction The case of Arlene Chisholm (Appellant) against Grampian Health Board ([2022]...
Defining Carrier's Agents under the Montreal Convention: easyJet v DRK

Defining Carrier's Agents under the Montreal Convention: easyJet v DRK

Date: May 19, 2022
Defining Carrier's Agents under the Montreal Convention: easyJet v DRK Introduction Colin Mather against (First) easyJet Airline Company Limited and (Second) DRK Hamburg Mediservice gGmbH ([2022]...
Miscarriage of Justice in Withdrawal of Guilty Plea: McGarry [2022] ScotHC HCJAC_18

Miscarriage of Justice in Withdrawal of Guilty Plea: McGarry [2022] ScotHC HCJAC_18

Date: May 17, 2022
Miscarriage of Justice in Withdrawal of Guilty Plea: McGarry [2022] ScotHC HCJAC_18 Introduction The case of Natalie McGarry represents a significant judicial examination of the circumstances under...
ZA and MN v B and Others [2022] CSOH 38: Prioritizing Child's Best Interests in International Custody Disputes

ZA and MN v B and Others [2022] CSOH 38: Prioritizing Child's Best Interests in International Custody Disputes

Date: May 13, 2022
ZA and MN v B and Others [2022] CSOH 38: Prioritizing Child's Best Interests in International Custody Disputes Introduction In the case of ZA and MN v B and Others ([2022] CSOH 38), the Scottish...
Establishing Enhanced Duty of Care for Dive Operators: Commentary on Warner v. Scapa Flow Charters [2022] ScotSC CSIH_25

Establishing Enhanced Duty of Care for Dive Operators: Commentary on Warner v. Scapa Flow Charters [2022] ScotSC CSIH_25

Date: May 11, 2022
Establishing Enhanced Duty of Care for Dive Operators: Commentary on Warner v. Scapa Flow Charters [2022] ScotSC CSIH_25 Introduction The case of Warner v. Scapa Flow Charters ([2022] ScotSC CSIH_25)...
Beggs v Scottish Legal Aid Board: Establishing Limits on Civil Legal Aid under Article 6 ECHR

Beggs v Scottish Legal Aid Board: Establishing Limits on Civil Legal Aid under Article 6 ECHR

Date: May 11, 2022
Beggs v Scottish Legal Aid Board: Establishing Limits on Civil Legal Aid under Article 6 ECHR Introduction The case Beggs against the Scottish Legal Aid Board & Anor ([2022] ScotSC CSIH_24) addresses...
Restricting Direct Appeals to the Court of Session: An Analysis of JK v Argyll and Bute Council [2022] CSIH 23

Restricting Direct Appeals to the Court of Session: An Analysis of JK v Argyll and Bute Council [2022] CSIH 23

Date: May 7, 2022
Restricting Direct Appeals to the Court of Session: An Analysis of JK v Argyll and Bute Council [2022] CSIH 23 Introduction The case of JK v Argyll and Bute Council [2022] CSIH 23 addresses critical...
Defining 'Expenses of and Occasioned by the Preparation and Conduct of Proof' in Scottish Divorce Proceedings: McCallion v Banford

Defining 'Expenses of and Occasioned by the Preparation and Conduct of Proof' in Scottish Divorce Proceedings: McCallion v Banford

Date: May 7, 2022
Defining 'Expenses of and Occasioned by the Preparation and Conduct of Proof' in Scottish Divorce Proceedings: McCallion v Banford Introduction The case of Stephen McCallion against Lorraine Banford...
Severed Ties and Family Reunification: Defining Eligibility under the 2004 Directive in FATUMA MIREMBE (AP) v SSC [2022] CSOH 37

Severed Ties and Family Reunification: Defining Eligibility under the 2004 Directive in FATUMA MIREMBE (AP) v SSC [2022] CSOH 37

Date: May 7, 2022
Severed Ties and Family Reunification: Defining Eligibility under the 2004 Directive in FATUMA MIREMBE (AP) v SSC [2022] CSOH 37 Introduction The case of Fatuma Mirembi (AP) v The Secretary of State...
Affirmation of Identity Across Alias in Estate Administration: Insights from Tomala and Macandrew (2022)

Affirmation of Identity Across Alias in Estate Administration: Insights from Tomala and Macandrew (2022)

Date: May 4, 2022
Affirmation of Identity Across Alias in Estate Administration: Insights from Tomala and Macandrew Trustees (2022) Introduction The case of Tomala and Gillespie Macandrew (Trustees) Ltd for Directions...
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