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  • Commentaries

Scotland Case Commentaries

Accountability of Attorneys and Executors: Insights from Lesley Currie v Susan Jane Blair ([2022] CSOH 88)

Accountability of Attorneys and Executors: Insights from Lesley Currie v Susan Jane Blair ([2022] CSOH 88)

Date: Feb 11, 2022
Accountability of Attorneys and Executors: Insights from Lesley Currie v Susan Jane Blair ([2022] CSOH 88) Introduction The case of Lesley Currie against Susan Jane Blair ([2022] CSOH 88) presents a...
Affirming Thom v HMA: The Binding Nature of the Lord Advocate's Renunciation to Prosecute

Affirming Thom v HMA: The Binding Nature of the Lord Advocate's Renunciation to Prosecute

Date: Feb 10, 2022
Affirming Thom v HMA: The Binding Nature of the Lord Advocate's Renunciation to Prosecute Introduction The case of HM Advocate (Appellant) v Paul Cooney (Respondent) ([2022] ScotHC HCJAC_10)...
Breach of Natural Justice in Judicial Review: [2022] CSOH 15 Sets New Precedent

Breach of Natural Justice in Judicial Review: [2022] CSOH 15 Sets New Precedent

Date: Feb 9, 2022
Breach of Natural Justice in Judicial Review: [2022] CSOH 15 Sets New Precedent Introduction The case titled X for Judicial Review of an Undated Decision of the Tribunal ([2022] CSOH 15) was...
Purification of Suspensive Conditions in Lease Agreements: GWR Property Co Ltd v Forrest Outdoor Media Ltd

Purification of Suspensive Conditions in Lease Agreements: GWR Property Co Ltd v Forrest Outdoor Media Ltd

Date: Feb 4, 2022
Purification of Suspensive Conditions in Lease Agreements: GWR Property Co Ltd v Forrest Outdoor Media Ltd Introduction The case of GWR Property Co Ltd v Forrest Outdoor Media Ltd ([2022] ScotCS...
Enhanced Procedural Fairness in Parole Decisions: O'Leary v Parole Board for Scotland

Enhanced Procedural Fairness in Parole Decisions: O'Leary v Parole Board for Scotland

Date: Feb 3, 2022
Enhanced Procedural Fairness in Parole Decisions: O'Leary v Parole Board for Scotland Introduction The case of Thomas O'Leary v Parole Board for Scotland ([2022] ScotCS CSOH_13) addresses critical...
Guidance on Jury Directions and Miscarriage of Justice: The Hattie Appeal Case

Guidance on Jury Directions and Miscarriage of Justice: The Hattie Appeal Case

Date: Feb 3, 2022
Guidance on Jury Directions and Miscarriage of Justice: The Hattie Appeal Case Introduction The case of Hattie, Appeal Against Conviction (2022 SCCR 80) was adjudicated by the Scottish High Court of...
Mandatory Direction on Accused's Police Interview in Drug Supply Cases: R v Patrick Hattie [2021] ScotHC HCJAC_11

Mandatory Direction on Accused's Police Interview in Drug Supply Cases: R v Patrick Hattie [2021] ScotHC HCJAC_11

Date: Feb 3, 2022
Mandatory Direction on Accused's Police Interview in Drug Supply Cases: R v Patrick Hattie [2021] ScotHC HCJAC_11 Introduction The case of R v Patrick Hattie ([2021] ScotHC HCJAC_11) marks a...
Retrospective Applicability of Legislative Amendments in Scottish Criminal Procedure: The Motroni Appeal

Retrospective Applicability of Legislative Amendments in Scottish Criminal Procedure: The Motroni Appeal

Date: Feb 3, 2022
Retrospective Applicability of Legislative Amendments in Scottish Criminal Procedure: The Motroni Appeal Introduction Case Overview The appeal case of Stephen Motroni against the Procurator Fiscal,...
Conflict of Interest in Group Proceedings: Restrictions on Representative Parties

Conflict of Interest in Group Proceedings: Restrictions on Representative Parties

Date: Feb 3, 2022
Conflict of Interest in Group Proceedings: Restrictions on Representative Parties Introduction In the landmark case Thompsons Solicitors Scotland v James Finlay (Kenya) Ltd ([2022] CSOH 12), the...
Aligning Sentences with Pleaded Charges: The Precedential Judgment in Liam Stewart's Appeal [2022] HCJAC 9

Aligning Sentences with Pleaded Charges: The Precedential Judgment in Liam Stewart's Appeal [2022] HCJAC 9

Date: Feb 2, 2022
Aligning Sentences with Pleaded Charges: The Precedential Judgment in Liam Stewart's Appeal [2022] HCJAC 9 Introduction The case of Liam Stewart, adjudicated in the Scottish High Court of Justiciary...
Landmark Judgment on Extended Sentences for Indecent Image Offenses: Webster v. Her Majesty's Advocate

Landmark Judgment on Extended Sentences for Indecent Image Offenses: Webster v. Her Majesty's Advocate

Date: Feb 2, 2022
Landmark Judgment on Extended Sentences for Indecent Image Offenses: Webster v. Her Majesty's Advocate Introduction The case of Webster v. Her Majesty's Advocate ([2022] ScotHC HCJAC_8) represents a...
Extradition and Article 3: Mandatory Life Sentences and Human Rights Compliance

Extradition and Article 3: Mandatory Life Sentences and Human Rights Compliance

Date: Jan 29, 2022
Extradition and Article 3: Mandatory Life Sentences and Human Rights Compliance Introduction The case titled The Appeals Against a Decision of the Sheriff of Lothian and Borders at Edinburgh in the...
Ensuring Procedural Fairness and Rational Decision-Making in Public Funding: Analysis of SCHOOL AND NURSERY MILK ALLIANCE LTD v Scottish Ministers [2022] ScotCS CSOH_11

Ensuring Procedural Fairness and Rational Decision-Making in Public Funding: Analysis of SCHOOL AND NURSERY MILK ALLIANCE LTD v Scottish Ministers [2022] ScotCS CSOH_11

Date: Jan 29, 2022
Ensuring Procedural Fairness and Rational Decision-Making in Public Funding: Analysis of SCHOOL AND NURSERY MILK ALLIANCE LTD v Scottish Ministers [2022] ScotCS CSOH_11 Introduction The case of...
Reaffirming the "Life and Limb" Test: McLean v Parole Board for Scotland [2022]

Reaffirming the "Life and Limb" Test: McLean v Parole Board for Scotland [2022]

Date: Jan 28, 2022
Reaffirming the "Life and Limb" Test: McLean v Parole Board for Scotland [2022] Introduction The case of Ian McLean against the Parole Board for Scotland ([2022] ScotCS CSOH_10) presents a...
Application of the Best Evidence Rule in Employment Reference Negligence: Glasgow City Council v First Glasgow (No.1) Ltd [2022] CSOH 9

Application of the Best Evidence Rule in Employment Reference Negligence: Glasgow City Council v First Glasgow (No.1) Ltd [2022] CSOH 9

Date: Jan 28, 2022
Application of the Best Evidence Rule in Employment Reference Negligence: Glasgow City Council v First Glasgow (No.1) Ltd [2022] CSOH 9 Introduction The case of Glasgow City Council against First...
Cameron v Nwankwo [2022]: Establishing Wrong Lane Usage and Contributory Negligence in Pedestrian Accident Liability

Cameron v Nwankwo [2022]: Establishing Wrong Lane Usage and Contributory Negligence in Pedestrian Accident Liability

Date: Jan 22, 2022
Cameron v Nwankwo [2022]: Establishing Wrong Lane Usage and Contributory Negligence in Pedestrian Accident Liability Introduction The case of Sandra Cameron and Another against Ifeanyi Nwankwo and...
Revisiting Acquittal under Section 4(3)(B) of the Double Jeopardy (Scotland) Act 2011: The Tiffney Case

Revisiting Acquittal under Section 4(3)(B) of the Double Jeopardy (Scotland) Act 2011: The Tiffney Case

Date: Jan 21, 2022
Revisiting Acquittal under Section 4(3)(B) of the Double Jeopardy (Scotland) Act 2011: The Tiffney Case Introduction The case of Sean Patrick Tiffney, also known as Sean Patrick Flynn, represents a...
Establishing Committee Validity and Trustee Obligations in Unincorporated Associations: Club Los Claveles v First National Trustee Company Ltd

Establishing Committee Validity and Trustee Obligations in Unincorporated Associations: Club Los Claveles v First National Trustee Company Ltd

Date: Jan 21, 2022
Establishing Committee Validity and Trustee Obligations in Unincorporated Associations: Club Los Claveles and Others v First National Trustee Company Limited Introduction The case of Club Los...
Judicial Clarification on the Competency of Petitions to the Nobile Officium in Contempt of Court Cases: [2022] HCJAC 5

Judicial Clarification on the Competency of Petitions to the Nobile Officium in Contempt of Court Cases: [2022] HCJAC 5

Date: Jan 21, 2022
Judicial Clarification on the Competency of Petitions to the Nobile Officium in Contempt of Court Cases: [2022] HCJAC 5 Introduction In the landmark case Craig Murray v. Her Majesty's Advocate...
Establishing Standards for Judicial Review in Asylum Credibility Assessments

Establishing Standards for Judicial Review in Asylum Credibility Assessments

Date: Jan 20, 2022
Establishing Standards for Judicial Review in Asylum Credibility Assessments Introduction The case of Yucel Guvenc v Secretary of State for the Home Department ([2022] CSIH 3) marks a significant...
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