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  • Commentaries

Scotland Case Commentaries

Reconciliation of 2003 Tax Credits Regulations and 2015 Welfare Reform Order: Upholding Asylum Seekers’ Entitlement to Backdated Child Tax Credits

Reconciliation of 2003 Tax Credits Regulations and 2015 Welfare Reform Order: Upholding Asylum Seekers’ Entitlement to Backdated Child Tax Credits

Date: Jan 19, 2022
Reconciliation of 2003 Tax Credits Regulations and 2015 Welfare Reform Order: Upholding Asylum Seekers’ Entitlement to Backdated Child Tax Credits Introduction The case of Reclaiming Motion by Her...
Prescription and Limitation in Anti-Competitive Practices: Insights from Glasgow City Council v VFS Financial Services Ltd [2022] ScotCS CSIH_1

Prescription and Limitation in Anti-Competitive Practices: Insights from Glasgow City Council v VFS Financial Services Ltd [2022] ScotCS CSIH_1

Date: Jan 19, 2022
Prescription and Limitation in Anti-Competitive Practices: Insights from Glasgow City Council and West Dunbartonshire Council v VFS Financial Services Ltd and Others [2022] ScotCS CSIH_1 Introduction...
Assessing Reasonableness in Landlord’s Refusal of Lease Assignation Consent: Insights from Rileys Sports Bars v CGW Snooker

Assessing Reasonableness in Landlord’s Refusal of Lease Assignation Consent: Insights from Rileys Sports Bars v CGW Snooker

Date: Jan 19, 2022
Assessing Reasonableness in Landlord’s Refusal of Lease Assignation Consent: Insights from Rileys Sports Bars (2014) Ltd v CGW Snooker LLP Introduction The case of Rileys Sports Bars (2014) Ltd (the...
Ensuring Child Welfare in Immigration Fresh Claims: NAT v Secretary of State [2022] ScotCS CSOH_5

Ensuring Child Welfare in Immigration Fresh Claims: NAT v Secretary of State [2022] ScotCS CSOH_5

Date: Jan 19, 2022
Ensuring Child Welfare in Immigration Fresh Claims: NAT v Secretary of State [2022] ScotCS CSOH_5 Introduction The case of NAT v Secretary of State for the Home Department ([2022] ScotCS CSOH_5)...
RBS PLC v Court of Session: New Precedent on Trustee Resignation under the Trusts (Scotland) Act 1921

RBS PLC v Court of Session: New Precedent on Trustee Resignation under the Trusts (Scotland) Act 1921

Date: Jan 15, 2022
RBS PLC v Court of Session: New Precedent on Trustee Resignation under the Trusts (Scotland) Act 1921 Introduction The case of The Petition of The Royal Bank of Scotland PLC for Authority to Resign...
Extradition and Article 3 ECHR Rights: Comprehensive Commentary on McGourty v Lord Advocate [2022] HCJAC 3

Extradition and Article 3 ECHR Rights: Comprehensive Commentary on McGourty v Lord Advocate [2022] HCJAC 3

Date: Jan 13, 2022
Extradition and Article 3 ECHR Rights: Comprehensive Commentary on McGourty v Lord Advocate [2022] HCJAC 3 Introduction The case of Kevin McGourty v Lord Advocate ([2022] HCJAC 3) revolves around...
Malicious Prosecution in Scottish Law: Insights from DAVID GRIER v. Chief Constable and The Lord Advocate ([2022] CSOH 2)

Malicious Prosecution in Scottish Law: Insights from DAVID GRIER v. Chief Constable and The Lord Advocate ([2022] CSOH 2)

Date: Jan 12, 2022
Malicious Prosecution in Scottish Law: Insights from DAVID GRIER v. Chief Constable and The Lord Advocate ([2022] CSOH 2) Introduction The case of DAVID GRIER v. Chief Constable, Police Scotland and...
Awarding Judicial Review Expenses in Unopposed Immigration Cases: Insights from OA v Secretary of State for the Home Department [2022] CSOH 1

Awarding Judicial Review Expenses in Unopposed Immigration Cases: Insights from OA v Secretary of State for the Home Department [2022] CSOH 1

Date: Jan 8, 2022
Awarding Judicial Review Expenses in Unopposed Immigration Cases: Insights from OA v Secretary of State for the Home Department [2022] CSOH 1 Introduction The case of OA v Secretary of State for the...
Kelman v Moray Council: Expanding Equitable Relief in Asbestos Exposure Claims under Section 19A

Kelman v Moray Council: Expanding Equitable Relief in Asbestos Exposure Claims under Section 19A

Date: Dec 25, 2021
Kelman v Moray Council: Expanding Equitable Relief in Asbestos Exposure Claims under Section 19A Introduction The case of John Kelman against Moray Council ([2021] ScotCS CSOH_131) revolves around...
Establishing Procedural Fairness in Administrative Assessments: Insights from the Scottish Creel Fishermen's Federation v Scottish Ministers [2021] ScotCS CSIH_68

Establishing Procedural Fairness in Administrative Assessments: Insights from the Scottish Creel Fishermen's Federation v Scottish Ministers [2021] ScotCS CSIH_68

Date: Dec 24, 2021
Establishing Procedural Fairness in Administrative Assessments: Insights from the Scottish Creel Fishermen's Federation v Scottish Ministers [2021] ScotCS CSIH_68 Introduction The case of Scottish...
Establishing Cross-Border Protocols for Child Placement: City of Wolverhampton Council v The Lord Advocate & Anor ([2021] CSIH 69)

Establishing Cross-Border Protocols for Child Placement: City of Wolverhampton Council v The Lord Advocate & Anor ([2021] CSIH 69)

Date: Dec 24, 2021
Establishing Cross-Border Protocols for Child Placement Introduction The case City of Wolverhampton Council v The Lord Advocate & Anor ([2021] CSIH 69) addresses the complexities involved in...
VAT Implications on Lease Termination: Vengrove Ltd v Kuehne + Nagel Ltd [2021]

VAT Implications on Lease Termination: Vengrove Ltd v Kuehne + Nagel Ltd [2021]

Date: Dec 23, 2021
VAT Implications on Lease Termination: Vengrove Ltd v Kuehne + Nagel Ltd [2021] Introduction The case of Vengrove Ltd against Kuehne + Nagel Ltd ([2021] ScotCS CSOH_129) adjudicated by the Scottish...
Restricting Similar Fact Evidence in Civil Jury Trials: EG v The Fettes Trust

Restricting Similar Fact Evidence in Civil Jury Trials: EG v The Fettes Trust

Date: Dec 23, 2021
Restricting Similar Fact Evidence in Civil Jury Trials: EG v The Fettes Trust Introduction The case of EG against The Governors of The Fettes Trust ([2021] ScotCS CSOH_128) was adjudicated in the...
Apportionment of Responsibility in Medical Negligence: The Almond-Roots v Eljamel and NHS Tayside Judgment

Apportionment of Responsibility in Medical Negligence: The Almond-Roots v Eljamel and NHS Tayside Judgment

Date: Dec 22, 2021
Apportionment of Responsibility in Medical Negligence: The Almond-Roots v Eljamel and NHS Tayside Judgment Introduction The legal landscape surrounding medical negligence often grapples with the...
Limitations on Contribution Claims Following Settlement: Insights from Loretto Housing Association Ltd v Cruden Building & Renewals Ltd [2021] CSOH 127

Limitations on Contribution Claims Following Settlement: Insights from Loretto Housing Association Ltd v Cruden Building & Renewals Ltd [2021] CSOH 127

Date: Dec 22, 2021
Limitations on Contribution Claims Following Settlement: Insights from Loretto Housing Association Ltd v Cruden Building & Renewals Ltd [2021] CSOH 127 Introduction The legal landscape governing...
Reaffirming the Finality of Contractual Expert Determinations: Eastern Motor Co Ltd v Grassick et al [2021] CSIH_67

Reaffirming the Finality of Contractual Expert Determinations: Eastern Motor Co Ltd v Grassick et al [2021] CSIH_67

Date: Dec 18, 2021
Reaffirming the Finality of Contractual Expert Determinations: Eastern Motor Co Ltd v Grassick et al [2021] CSIH_67 Introduction The case of Eastern Motor Company Ltd v Grassick et al [2021] CSIH_67,...
Middlesea Insurance v Morrison: Reinforcing Sovereign Immunity in Public Regulatory Functions

Middlesea Insurance v Morrison: Reinforcing Sovereign Immunity in Public Regulatory Functions

Date: Dec 17, 2021
Middlesea Insurance v Morrison: Reinforcing Sovereign Immunity in Public Regulatory Functions Introduction The case of Simon Morrison against Middlesea Insurance PLC and another ([2021] CSOH 126)...
Time Bar Enforcement under Section 27A of the Court of Session Act 1988: Insights from O'Neill and Lauchlan v Scottish Ministers [2021] ScotCS CSIH_66

Time Bar Enforcement under Section 27A of the Court of Session Act 1988: Insights from O'Neill and Lauchlan v Scottish Ministers [2021] ScotCS CSIH_66

Date: Dec 16, 2021
Time Bar Enforcement under Section 27A of the Court of Session Act 1988: Insights from O'Neill and Lauchlan v Scottish Ministers [2021] ScotCS CSIH_66 Introduction The case of Charles O'Neill and...
Interpretation of Insurance Obligations and Tenant's Repair Duties in Commercial Leases: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_124

Interpretation of Insurance Obligations and Tenant's Repair Duties in Commercial Leases: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_124

Date: Dec 15, 2021
Interpretation of Insurance Obligations and Tenant's Repair Duties in Commercial Leases: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_124 Introduction The case of PACCOR...
Clarifying Tenant's "Enjoyment" in Lease Termination: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_125

Clarifying Tenant's "Enjoyment" in Lease Termination: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_125

Date: Dec 15, 2021
Clarifying Tenant's "Enjoyment" in Lease Termination: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_125 Introduction The case of PACCOR UK Limited (the pursuer) versus...
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