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  • Commentaries

Scotland Case Commentaries

Affirmation of Ministerial Discretion in Resource Allocation for Rehabilitation Programs in [2021] ScotCS CSOH_123

Affirmation of Ministerial Discretion in Resource Allocation for Rehabilitation Programs in [2021] ScotCS CSOH_123

Date: Dec 15, 2021
Affirmation of Ministerial Discretion in Resource Allocation for Rehabilitation Programs in [2021] ScotCS CSOH_123 Introduction The case at hand involves a judicial review petition filed by Mr....
Affirmation of Reasonable Explanation Requirement for New Evidence in Rape Conviction Appeals in Scotland

Affirmation of Reasonable Explanation Requirement for New Evidence in Rape Conviction Appeals in Scotland

Date: Dec 9, 2021
Affirmation of Reasonable Explanation Requirement for New Evidence in Rape Conviction Appeals in Scotland Introduction The case of Dylan Williamson and Kiara-Lee Gallagher ([2021] ScotHC HCJAC_50)...
The Significance of Final Certificates and Interim Payment Notices in Construction Contracts: Insights from D McLaughlin & Sons Ltd v East Ayrshire Council [2021] CSOH 122

The Significance of Final Certificates and Interim Payment Notices in Construction Contracts: Insights from D McLaughlin & Sons Ltd v East Ayrshire Council [2021] CSOH 122

Date: Dec 8, 2021
The Significance of Final Certificates and Interim Payment Notices in Construction Contracts: Insights from D McLaughlin & Sons Ltd v East Ayrshire Council [2021] CSOH 122 Introduction The case of D...
Incompetency of Nobile Officium in Concurrent Criminal and Referral Proceedings: Insights from SU v Scottish Government Legal Directorate [2021] ScotCS CSIH_65

Incompetency of Nobile Officium in Concurrent Criminal and Referral Proceedings: Insights from SU v Scottish Government Legal Directorate [2021] ScotCS CSIH_65

Date: Dec 8, 2021
Incompetency of Nobile Officium in Concurrent Criminal and Referral Proceedings: Insights from SU v Scottish Government Legal Directorate [2021] ScotCS CSIH_65 Introduction The case of SU v Scottish...
Disclosure Obligations under Share Purchase Agreements: Insights from Andrew Marr International Ltd v John Tait and Others [2021] CSOH 121

Disclosure Obligations under Share Purchase Agreements: Insights from Andrew Marr International Ltd v John Tait and Others [2021] CSOH 121

Date: Dec 4, 2021
Disclosure Obligations under Share Purchase Agreements: Insights from Andrew Marr International Ltd v John Tait and Others [2021] CSOH 121 Introduction The case of Andrew Marr International Ltd...
Reaffirming the Objective Test for Sexual Assault: Ferguson v. Her Majesty's Advocate [2021] ScotHC HCJAC_51

Reaffirming the Objective Test for Sexual Assault: Ferguson v. Her Majesty's Advocate [2021] ScotHC HCJAC_51

Date: Dec 3, 2021
Reaffirming the Objective Test for Sexual Assault: Ferguson v. Her Majesty's Advocate [2021] ScotHC HCJAC_51 1. Introduction The case of Ferguson v. Her Majesty's Advocate ([2021] ScotHC HCJAC_51)...
Causation and Pre-existing Conditions in Workplace Injury Claims: Fenrir Thorvaldsen v Dundee City Council

Causation and Pre-existing Conditions in Workplace Injury Claims: Fenrir Thorvaldsen v Dundee City Council

Date: Dec 3, 2021
Causation and Pre-existing Conditions in Workplace Injury Claims: Fenrir Thorvaldsen v Dundee City Council [2021] CSOH 120 Introduction The case of Fenrir Thorvaldsen against Dundee City Council...
Admissibility of Collateral Evidence in Section 275 Applications: MP v Her Majesty's Advocate [2021] HCJAC 48

Admissibility of Collateral Evidence in Section 275 Applications: MP v Her Majesty's Advocate [2021] HCJAC 48

Date: Dec 1, 2021
Admissibility of Collateral Evidence in Section 275 Applications: MP v Her Majesty's Advocate [2021] HCJAC 48 Introduction The case of MP v Her Majesty's Advocate ([2021] HCJAC 48) addresses critical...
Cabot Financial (UK) Ltd v Weir: Success Fees in Agent and Client Taxations

Cabot Financial (UK) Ltd v Weir: Success Fees in Agent and Client Taxations

Date: Dec 1, 2021
Cabot Financial (UK) Ltd v Weir: Success Fees in Agent and Client Taxations 1. Introduction The case of Cabot Financial (UK) Ltd v Catherine Weir ([2021] CSIH 64) adjudicated by the Scottish Court of...
Undermining Evidence Disclosure: A Comprehensive Analysis of JSC v Her Majesty's Advocate [2021] HCJAC 49

Undermining Evidence Disclosure: A Comprehensive Analysis of JSC v Her Majesty's Advocate [2021] HCJAC 49

Date: Nov 26, 2021
Undermining Evidence Disclosure: A Comprehensive Analysis of JSC v Her Majesty's Advocate [2021] HCJAC 49 Introduction The case of JSC v Her Majesty's Advocate [2021] HCJAC 49, adjudicated by the...
Delegation of Responsibility for Unexplained Wealth Orders: Insights from Avaaz Foundation v Scottish Ministers [2021]

Delegation of Responsibility for Unexplained Wealth Orders: Insights from Avaaz Foundation v Scottish Ministers [2021]

Date: Nov 26, 2021
Delegation of Responsibility for Unexplained Wealth Orders: Insights from Avaaz Foundation v Scottish Ministers [2021] Introduction In the case of Avaaz Foundation v Scottish Ministers ([2021] ScotCS...
Enforceability of Arbitration Clauses in Pension Trust Deeds: Insights from Morton v British Polar Engines Ltd [2021]

Enforceability of Arbitration Clauses in Pension Trust Deeds: Insights from Morton v British Polar Engines Ltd [2021]

Date: Nov 24, 2021
Enforceability of Arbitration Clauses in Pension Trust Deeds: Insights from Morton v British Polar Engines Ltd [2021] Introduction The case Peter Morton and Others against British Polar Engines Ltd...
Reaffirming the Exclusionary Rule in Contract Construction: Dragados (UK) Ltd v DC Eifeket Aggregates AS [2021] CSOH 117

Reaffirming the Exclusionary Rule in Contract Construction: Dragados (UK) Ltd v DC Eifeket Aggregates AS [2021] CSOH 117

Date: Nov 17, 2021
Reaffirming the Exclusionary Rule in Contract Construction: Dragados (UK) Ltd v DC EIFEKET Aggregates AS [2021] CSOH 117 Introduction The case of Dragados (UK) Ltd (the pursuer) versus DC EIFEKET...
Refusal of Judicial Review in Asylum Claims: Insights from COF (AP) v Secretary of State for the Home Department [2021]

Refusal of Judicial Review in Asylum Claims: Insights from COF (AP) v Secretary of State for the Home Department [2021]

Date: Nov 17, 2021
Refusal of Judicial Review in Asylum Claims: Insights from COF (AP) v Secretary of State for the Home Department [2021] Introduction The case of COF (AP) v Secretary of State for the Home Department...
Competency of Statutory Appeal Procedure in Local Development Plan Challenges: Cosmopolitan Hotels Ltd v Renfrewshire Council [2021] ScotCS CSOH_116

Competency of Statutory Appeal Procedure in Local Development Plan Challenges: Cosmopolitan Hotels Ltd v Renfrewshire Council [2021] ScotCS CSOH_116

Date: Nov 10, 2021
Competency of Statutory Appeal Procedure in Local Development Plan Challenges: Cosmopolitan Hotels Ltd v Renfrewshire Council [2021] ScotCS CSOH_116 Introduction The case of Cosmopolitan Hotels Ltd v...
Equitable Division of Matrimonial Property in Long-Term Marriages: Edith Bradbury v Thomas Bradbury [2021] ScotCS CSOH_113

Equitable Division of Matrimonial Property in Long-Term Marriages: Edith Bradbury v Thomas Bradbury [2021] ScotCS CSOH_113

Date: Nov 6, 2021
Equitable Division of Matrimonial Property in Long-Term Marriages: Edith Bradbury v Thomas Bradbury [2021] ScotCS CSOH_113 Introduction The case of Edith Margaret (known as Margaret) Turkington...
Judgment Commentary: Tien Thuy Hoang v Office of the Advocate General [2021] ScotCS CSOH_114

Judgment Commentary: Tien Thuy Hoang v Office of the Advocate General [2021] ScotCS CSOH_114

Date: Nov 6, 2021
Tien Thuy Hoang v Office of the Advocate General: Establishing Standards for Judicial Review of Upper Tribunal Decisions Introduction The case of Tien Thuy Hoang v Office of the Advocate General...
Sisting Court Actions Pending Adjudication: Insights from Greater Glasgow Health Board v Multiplex Construction Europe Ltd

Sisting Court Actions Pending Adjudication: Insights from Greater Glasgow Health Board v Multiplex Construction Europe Ltd

Date: Nov 6, 2021
Sisting Court Actions Pending Adjudication: Insights from Greater Glasgow Health Board v Multiplex Construction Europe Ltd Introduction The case of Greater Glasgow Health Board v Multiplex...
Strengthening Protection Measures in Domestic Abuse Cases: Insights from GRPW v Her Majesty's Advocate [2021] HCJAC 47

Strengthening Protection Measures in Domestic Abuse Cases: Insights from GRPW v Her Majesty's Advocate [2021] HCJAC 47

Date: Nov 5, 2021
Strengthening Protection Measures in Domestic Abuse Cases: Insights from GRPW v Her Majesty's Advocate [2021] HCJAC 47 Introduction The case of GRPW v Her Majesty's Advocate [2021] HCJAC 47...
Remuneration on Unlawful Termination: Crimond Estates Ltd vs Mile End Developments Ltd [2021] ScotCS CSIH_60

Remuneration on Unlawful Termination: Crimond Estates Ltd vs Mile End Developments Ltd [2021] ScotCS CSIH_60

Date: Oct 30, 2021
Remuneration on Unlawful Termination: Crimond Estates Ltd vs Mile End Developments Ltd [2021] ScotCS CSIH_60 Introduction The case of Crimond Estates Limited (hereinafter referred to as the...
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