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  • Commentaries

Scotland Case Commentaries

Judicial Standards for Extending Interim Medical Registration Suspensions: Insights from IB v The General Medical Council [2022] CSIH 38

Judicial Standards for Extending Interim Medical Registration Suspensions: Insights from IB v The General Medical Council [2022] CSIH 38

Date: Aug 25, 2022
Judicial Standards for Extending Interim Medical Registration Suspensions: Insights from IB v The General Medical Council [2022] CSIH 38 Introduction The case IB Against The General Medical Council...
Defining 'Special Cause' under Section 275B: High Court of Justiciary in Edward Doran's Appeal [2023] HCJAC 15

Defining 'Special Cause' under Section 275B: High Court of Justiciary in Edward Doran's Appeal [2023] HCJAC 15

Date: Aug 25, 2022
Defining 'Special Cause' under Section 275B: High Court of Justiciary in Edward Doran's Appeal [2023] HCJAC 15 1. Introduction The case of Edward Doran v Her Majesty's Advocate ([2023] HCJAC 15)...
Establishing Corroboration in Section 1 Domestic Abuse Cases: Insights from [2022] HCJAC 33

Establishing Corroboration in Section 1 Domestic Abuse Cases: Insights from [2022] HCJAC 33

Date: Aug 24, 2022
Establishing Corroboration in Section 1 Domestic Abuse Cases: Insights from [2022] HCJAC 33 Introduction The case [2022] HCJAC 33, heard by the Scottish High Court of Justiciary on August 23, 2022,...
Establishing the Boundaries of Anti-Suit Interdicts: Insights from HUGH HALL CAMPBELL QC v. LORD DAVIDSON OF GLEN CLOVA QC

Establishing the Boundaries of Anti-Suit Interdicts: Insights from HUGH HALL CAMPBELL QC v. LORD DAVIDSON OF GLEN CLOVA QC

Date: Aug 23, 2022
Establishing the Boundaries of Anti-Suit Interdicts: Insights from HUGH HALL CAMPBELL QC v. LORD DAVIDSON OF GLEN CLOVA QC Introduction The case of HUGH HALL CAMPBELL QC (Petitioner) versus Lord...
Enhancing Jury Identification: Insights from Wishart v HM Advocate [2022] HCJAC 30

Enhancing Jury Identification: Insights from Wishart v HM Advocate [2022] HCJAC 30

Date: Aug 20, 2022
Enhancing Jury Identification: Insights from Wishart v HM Advocate [2022] HCJAC 30 Introduction The case of Mark Wishart v Her Majesty's Advocate ([2022] HCJAC 30) presents a pivotal examination of...
Legal Commentary on Club Los Claveles v First National Trustee Company Ltd [2022] ScotCS CSIH_35

Legal Commentary on Club Los Claveles v First National Trustee Company Ltd [2022] ScotCS CSIH_35

Date: Aug 19, 2022
Establishing Trustee Accountability in Unincorporated Associations: Insights from Club Los Claveles v First National Trustee Company Ltd [2022] Introduction The case of Club Los Claveles against...
Erasure as Mandatory Sanction for Persistent Dishonesty in Medical Practice: Analysis of [2022] CSIH 37

Erasure as Mandatory Sanction for Persistent Dishonesty in Medical Practice: Analysis of [2022] CSIH 37

Date: Aug 19, 2022
Erasure as Mandatory Sanction for Persistent Dishonesty in Medical Practice: Analysis of [2022] CSIH 37 Introduction The case of Professional Standards Authority for Health and Social Care vs Medical...
Judicial Upholding of ESA Regulations in Scottish Tribunal Appointments

Judicial Upholding of ESA Regulations in Scottish Tribunal Appointments

Date: Aug 19, 2022
Judicial Upholding of ESA Regulations in Scottish Tribunal Appointments Introduction The case of Victoria Reid v. Scottish Ministers ([2022] ScotCS CSOH_56) presents a significant judicial review...
Recognition and Enforcement of Cross-Border Deprivation of Liberty Orders under The Cross-border Placements Regulations 2022

Recognition and Enforcement of Cross-Border Deprivation of Liberty Orders under The Cross-border Placements Regulations 2022

Date: Aug 19, 2022
Recognition and Enforcement of Cross-Border Deprivation of Liberty Orders under The Cross-border Placements Regulations 2022 Introduction The case titled Petition for the Exercise of the Nobile...
Law Enforcement Data Retention under the Data Protection Act 2018: Insights from Robert Bartosik v Police Scotland [2022] CSOH 55

Law Enforcement Data Retention under the Data Protection Act 2018: Insights from Robert Bartosik v Police Scotland [2022] CSOH 55

Date: Aug 17, 2022
Law Enforcement Data Retention under the Data Protection Act 2018: Insights from Robert Bartosik v Police Scotland [2022] CSOH 55 Introduction The case of Robert Bartosik v Police Scotland [2022]...
Exclusive Liability in Medical Negligence: Insights from RECLAIMING MOTION BY CAR AGAINST MUFTAH SALEM ELJAMEL AND NHS TAYSIDE ([2022] ScotCS CSIH_34)

Exclusive Liability in Medical Negligence: Insights from RECLAIMING MOTION BY CAR AGAINST MUFTAH SALEM ELJAMEL AND NHS TAYSIDE ([2022] ScotCS CSIH_34)

Date: Aug 13, 2022
Exclusive Liability in Medical Negligence: Insights from RECLAIMING MOTION BY CAR AGAINST MUFTAH SALEM ELJAMEL AND NHS TAYSIDE ([2022] ScotCS CSIH_34) Introduction The case of Reclaiming Motion by...
Double Deduction for Remand Time in Long-Term Sentencing: Insights from CROWN APPEAL AGAINST SENTENCE AGAINST JAKE O'DOHERTY ([2022] ScotHC HCJAC_31)

Double Deduction for Remand Time in Long-Term Sentencing: Insights from CROWN APPEAL AGAINST SENTENCE AGAINST JAKE O'DOHERTY ([2022] ScotHC HCJAC_31)

Date: Aug 12, 2022
Double Deduction for Remand Time in Long-Term Sentencing: Insights from CROWN APPEAL AGAINST SENTENCE AGAINST JAKE O'DOHERTY ([2022] ScotHC HCJAC_31) Introduction In the case of CROWN APPEAL AGAINST...
Kirkwood v Thelem: Reevaluating the Reasonableness of Foreign Solicitor Fees in Scottish Litigation

Kirkwood v Thelem: Reevaluating the Reasonableness of Foreign Solicitor Fees in Scottish Litigation

Date: Aug 11, 2022
Kirkwood v Thelem: Reevaluating the Reasonableness of Foreign Solicitor Fees in Scottish Litigation Introduction The case of Dr Margaret Janis Kirkwood against Thelem Assurances ([2022] ScotCS...
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...
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