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  • Commentaries

Scotland Case Commentaries

Strict Adherence to Continuous Lawful Residence Confirmed in Indefinite Leave to Remain Decisions

Strict Adherence to Continuous Lawful Residence Confirmed in Indefinite Leave to Remain Decisions

Date: Mar 5, 2022
Strict Adherence to Continuous Lawful Residence Confirmed in Indefinite Leave to Remain Decisions Introduction The case of Ifeoma Grace Mbomson v. Secretary of State for the Home Department ([2022]...
Reaffirmation of Anxious Scrutiny in Parole Board Decisions: Insights from Ryan, Wiseman and Meehan [2022] CSIH 11

Reaffirmation of Anxious Scrutiny in Parole Board Decisions: Insights from Ryan, Wiseman and Meehan [2022] CSIH 11

Date: Mar 5, 2022
Reaffirmation of Anxious Scrutiny in Parole Board Decisions: Insights from Ryan, Wiseman and Meehan [2022] CSIH 11 Introduction The case of Ryan, Wiseman, and Meehan ([2022] CSIH 11) before the...
Balancing Freedom of Expression and Professional Standards: Insights from Steele [2022] CSIH 10

Balancing Freedom of Expression and Professional Standards: Insights from Steele [2022] CSIH 10

Date: Mar 5, 2022
Balancing Freedom of Expression and Professional Standards: Insights from Steele [2022] CSIH 10 Introduction The case of Calum Steele v. Deputy Chief Constable of the Police Service of Scotland...
Affirming Administrative Compliance: Gartmore House Re Judgment on Core Paths Plan and Equality Duties

Affirming Administrative Compliance: Gartmore House Re Judgment on Core Paths Plan and Equality Duties

Date: Mar 5, 2022
Affirming Administrative Compliance: Gartmore House Re Judgment on Core Paths Plan and Equality Duties Introduction The case of Gartmore House, Re ([2022] CSOH 24) was adjudicated by the Outer House...
Foreseeability in Occupational Asbestos Exposure: Comprehensive Commentary on Nicola Steven Watt v. Lend Lease Construction (Europe) Limited [2022] ScotCS CSOH_23

Foreseeability in Occupational Asbestos Exposure: Comprehensive Commentary on Nicola Steven Watt v. Lend Lease Construction (Europe) Limited [2022] ScotCS CSOH_23

Date: Mar 4, 2022
Foreseeability in Occupational Asbestos Exposure: Comprehensive Commentary on Nicola Steven Watt v. Lend Lease Construction (Europe) Limited [2022] ScotCS CSOH_23 Introduction The case of Nicola...
Plumbing Pensions (UK) Limited [2022] CSIH 9: Establishing the Boundaries of Trustee Indemnity and Gross Negligence

Plumbing Pensions (UK) Limited [2022] CSIH 9: Establishing the Boundaries of Trustee Indemnity and Gross Negligence

Date: Mar 3, 2022
Plumbing Pensions (UK) Limited [2022] CSIH 9: Establishing the Boundaries of Trustee Indemnity and Gross Negligence Introduction The case of Plumbing Pensions (UK) Limited [2022] CSIH 9 adjudicated...
GIVEN NGAIHAPE KAMUSUVISE v Secretary of State for the Home Department: Establishing Limits on Residual Discretion for Asylum Seekers’ Work Permissions

GIVEN NGAIHAPE KAMUSUVISE v Secretary of State for the Home Department: Establishing Limits on Residual Discretion for Asylum Seekers’ Work Permissions

Date: Feb 25, 2022
GIVEN NGAIHAPE KAMUSUVISE v Secretary of State for the Home Department: Establishing Limits on Residual Discretion for Asylum Seekers’ Work Permissions Introduction The case of Given Ngaihape...
Flexible Interpretation of 'Sex' in Census Returns: Insights from Fair Play for Women Ltd v Registrar General for Scotland [2022] CSIH 7

Flexible Interpretation of 'Sex' in Census Returns: Insights from Fair Play for Women Ltd v Registrar General for Scotland [2022] CSIH 7

Date: Feb 25, 2022
Flexible Interpretation of 'Sex' in Census Returns: Insights from Fair Play for Women Ltd v Registrar General for Scotland [2022] CSIH 7 Introduction The case of Fair Play for Women Ltd v Registrar...
Judgment Analysis: Pasian v. Secretary of State for the Home Department [2022] ScotCS CSOH_21

Judgment Analysis: Pasian v. Secretary of State for the Home Department [2022] ScotCS CSOH_21

Date: Feb 25, 2022
Judgment Analysis: Pasian v. Secretary of State for the Home Department [2022] ScotCS CSOH_21 Introduction The case of Myrna RebuJio Pasian versus the Secretary of State for the Home Department...
Disclosure of Defendant's Financial Capacity: Reclaiming Motion in Astora Women's Health LLC Case

Disclosure of Defendant's Financial Capacity: Reclaiming Motion in Astora Women's Health LLC Case

Date: Feb 24, 2022
Disclosure of Defendant's Financial Capacity: Reclaiming Motion in Astora Women's Health LLC Case Introduction The case of Reclaiming Motion by N against Astora Women's Health LLC ([2022] ScotCS...
Balancing Open Justice and Inquiry Integrity: Insights from BBC v Scottish Child Abuse Inquiry [2022]

Balancing Open Justice and Inquiry Integrity: Insights from BBC v Scottish Child Abuse Inquiry [2022]

Date: Feb 24, 2022
Balancing Open Justice and Inquiry Integrity: Insights from BBC v Scottish Child Abuse Inquiry [2022] Introduction The case of The British Broadcasting Corporation (BBC) versus The Scottish Child...
Definition of 'Woman' in Devolved Legislation: A Comprehensive Analysis of Reclaiming Motion by For Women Scotland Limited

Definition of 'Woman' in Devolved Legislation: A Comprehensive Analysis of Reclaiming Motion by For Women Scotland Limited

Date: Feb 19, 2022
Definition of 'Woman' in Devolved Legislation: A Comprehensive Analysis of Reclaiming Motion by For Women Scotland Limited Introduction The case of Reclaiming Motion by For Women Scotland Limited...
Bonuses Post-Termination: Gavin Loudon v Stewart Milne Group Ltd [2022] ScotCS CSIH_3_2

Bonuses Post-Termination: Gavin Loudon v Stewart Milne Group Ltd [2022] ScotCS CSIH_3_2

Date: Feb 19, 2022
Bonuses Post-Termination: Gavin Loudon v Stewart Milne Group Ltd [2022] ScotCS CSIH_3_2 Introduction The case of Gavin Loudon against Stewart Milne Group Limited addresses the entitlement of an...
Enforceability of Loan Agreements and Collateral Promises under Rule 21.2: Insights from Promontoria (Chestnut) Ltd v Ballantyne Property Services [2022] ScotCS CSIH_17

Enforceability of Loan Agreements and Collateral Promises under Rule 21.2: Insights from Promontoria (Chestnut) Ltd v Ballantyne Property Services [2022] ScotCS CSIH_17

Date: Feb 19, 2022
Enforceability of Loan Agreements and Collateral Promises under Rule 21.2: Insights from Promontoria (Chestnut) Ltd v The Firm of Ballantyne Property Services and Others [2022] ScotCS CSIH_17...
Interpretation of Contractual Waivers in Scot Roads Partnership Project Ltd v The Scottish Ministers

Interpretation of Contractual Waivers in Scot Roads Partnership Project Ltd v The Scottish Ministers

Date: Feb 18, 2022
Interpretation of Contractual Waivers in Scot Roads Partnership Project Ltd v The Scottish Ministers Introduction The case The Scottish Ministers against Scot Roads Partnership Project Ltd and Others...
Sex Question in Scottish Census: Legal Clarifications Post [2022] CSOH 20

Sex Question in Scottish Census: Legal Clarifications Post [2022] CSOH 20

Date: Feb 18, 2022
Sex Question in Scottish Census: Legal Clarifications Post [2022] CSOH 20 Introduction The case Fair Play for Women Limited v National Records of Scotland ([2022] ScotCS CSOH_20) addresses...
Judicial Review Reinforces Strict Parameters of Administrative Review in UK Tier 4 Visa Applications

Judicial Review Reinforces Strict Parameters of Administrative Review in UK Tier 4 Visa Applications

Date: Feb 16, 2022
Judicial Review Reinforces Strict Parameters of Administrative Review in UK Tier 4 Visa Applications Introduction The case of Shamsuddeen Usman Sanusi ([2022] CSOH 18) adjudicated by the Scottish...
Clarifying Mutual Corroboration in Multi-Charge Offenses: Insights from [2022] HCJAC 12

Clarifying Mutual Corroboration in Multi-Charge Offenses: Insights from [2022] HCJAC 12

Date: Feb 12, 2022
Clarifying Mutual Corroboration in Multi-Charge Offenses: Insights from [2022] HCJAC 12 Introduction The case of Steven Joseph James Stalley, adjudicated by the Scottish High Court of Justiciary and...
Limitation of Liability in Maintenance Contracts: A Comprehensive Analysis of Benkert UK Ltd v Paint Dispensing Ltd [2022] CSOH 17

Limitation of Liability in Maintenance Contracts: A Comprehensive Analysis of Benkert UK Ltd v Paint Dispensing Ltd [2022] CSOH 17

Date: Feb 12, 2022
Limitation of Liability in Maintenance Contracts: A Comprehensive Analysis of Benkert UK Ltd v Paint Dispensing Ltd [2022] CSOH 17 Introduction The case of Benkert UK Limited against Paint Dispensing...
Permitting Collateral Use of Documents in Misfeasance Proceedings: Whitehouse v Chief Constable & Anor [2022] ScotCS CSOH_16

Permitting Collateral Use of Documents in Misfeasance Proceedings: Whitehouse v Chief Constable & Anor [2022] ScotCS CSOH_16

Date: Feb 12, 2022
Permitting Collateral Use of Documents in Misfeasance Proceedings: Whitehouse v Chief Constable & Anor [2022] ScotCS CSOH_16 Introduction Case Overview: The case of Whitehouse v Chief Constable &...
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