Scotland Case Commentaries

Judicial Endorsement of Established Credibility Evaluation Standards in Asylum Review: AC for Judicial Review ([2023] CSOH 5)

Date: Feb 3, 2023

Judicial Endorsement of Established Credibility Evaluation Standards in Asylum Review: AC for Judicial Review ([2023] CSOH 5) Introduction The case of AC for Judicial Review ([2023] CSOH 5) presents...

Duty of Local Authorities in Providing Suitable Interim Accommodation: Insights from RECLAIMING MOTION BY GLASGOW CITY COUNCIL AGAINST X

Date: Feb 1, 2023

Duty of Local Authorities in Providing Suitable Interim Accommodation: Insights from RECLAIMING MOTION BY GLASGOW CITY COUNCIL AGAINST X Introduction The case of Glasgow City Council v X ([2023] CSIH...

Assessing Damages in Repudiatory Breach Without Contract Termination: Dalton Group Ltd v City of Edinburgh Council [2023] ScotCS CSOH_4

Date: Jan 27, 2023

Assessing Damages in Repudiatory Breach Without Contract Termination: Dalton Group Ltd v City of Edinburgh Council [2023] ScotCS CSOH_4 Introduction The case of Dalton Group Ltd v City of Edinburgh...

Scottish Inner House Upholds Full Distribution of Deceased Lloyd's Underwriter's Estate Under Rule 63.6A

Date: Jan 27, 2023

Scottish Inner House Upholds Full Distribution of Deceased Lloyd's Underwriter's Estate Under Rule 63.6A Introduction In the case of Ramsey v. Scottish Court of Session [2023] CSIH 6, the Scottish...

Procedural Fairness in Parole Board Decisions: Insights from ROBERT MCPHEE Judgment [2023] ScotCS CSOH_3

Date: Jan 25, 2023

Procedural Fairness in Parole Board Decisions: Insights from ROBERT MCPHEE Judgment [2023] ScotCS CSOH_3 Introduction The case of Robert McPhee for Judicial Review, adjudicated by the Scottish Court...

Limits of Challenging Auditor Taxation: Insights from Aberdeen Computer Services Ltd v Scottish Legal Complaints Commission [2023] ScotCS CSIH_5

Date: Jan 25, 2023

Limits of Challenging Auditor Taxation: Insights from Aberdeen Computer Services Ltd v Scottish Legal Complaints Commission [2023] ScotCS CSIH_5 Introduction The case of Aberdeen Computer Services...

Flexibility in Assignations Confirmed: Scottish Court Dismisses Challenges to Assignation Validity and Redacted Documents under Conveyancing and Feudal Reform (Scotland) Act 1970

Date: Jan 25, 2023

Flexibility in Assignations Confirmed: Scottish Court Dismisses Challenges to Assignation Validity and Redacted Documents under Conveyancing and Feudal Reform (Scotland) Act 1970 Introduction The...

Significant Shortfall in 5-Year Housing Land Supply: West Lothian Council v Scottish Ministers and Ogilvie Homes Ltd

Date: Jan 21, 2023

Significant Shortfall in 5-Year Housing Land Supply: West Lothian Council v Scottish Ministers and Ogilvie Homes Ltd Introduction The case of West Lothian Council v Scottish Ministers and Ogilvie...

Balancing Material Considerations in Scottish Planning Appeals: Taylor Wimpey UK Ltd v Scottish Ministers [2023] CSIH 2

Date: Jan 21, 2023

Balancing Material Considerations in Scottish Planning Appeals: Taylor Wimpey UK Ltd v Scottish Ministers [2023] CSIH 2 Introduction The case of Taylor Wimpey UK Ltd v Scottish Ministers ([2023] CSIH...

Clarifying Section 275 Applications in Historical Abuse Cases: The Watt Appeal Judgment

Date: Jan 19, 2023

Clarifying Section 275 Applications in Historical Abuse Cases: The Watt Appeal Judgment Introduction The case of John Watt versus His Majesty's Advocate ([2023] ScotHC HCJAC_2) adjudicated by the...

Reclaiming Motion by Henderson v Benarty Medical Practice: Upholding Standards for Establishing Liability in Medical Negligence

Date: Jan 11, 2023

Reclaiming Motion by Henderson v Benarty Medical Practice: Upholding Standards for Establishing Liability in Medical Negligence Introduction The case of Marguerite Henderson v Benarty Medical...

Duty of Care in Psychiatric Discharge: Paterson v Lanarkshire Health Board (2023)

Date: Jan 7, 2023

Duty of Care in Psychiatric Discharge: Paterson v Lanarkshire Health Board ([2023] ScotCS CSOH_1) Introduction The case of Violet Paterson and others against Lanarkshire Health Board ([2023] ScotCS...

Prescription and Acknowledgment of Earn-Out Obligations in Share Purchase Agreements: Helen Colquhoun v Clinical Research Solutions [2022] CSOH 96

Date: Dec 31, 2022

Prescription and Acknowledgment of Earn-Out Obligations in Share Purchase Agreements: Helen Colquhoun v Clinical Research Solutions [2022] CSOH 96 Introduction The case of Helen Colquhoun and others...

Clarification on Conviction of Multiple Offences Based on the Same Species Facti in Scottish Law

Date: Dec 24, 2022

Clarification on Conviction of Multiple Offences Based on the Same Species Facti in Scottish Law Introduction Case Reference: Richard Gordon [2022] HCJAC 49 Court: Scottish High Court of Justiciary...

Scottish Fishermen's Organisation Ltd v Scottish Ministers [2023] ScotCS CSOH_2: Judicial Review of Economic Link Adjustments in Sea Fishing Licenses

Date: Dec 24, 2022

Scottish Fishermen's Organisation Ltd v Scottish Ministers [2023] ScotCS CSOH_2: Judicial Review of Economic Link Adjustments in Sea Fishing Licenses Introduction The case of Scottish Fishermen's...

Novation and Assignment in Construction Contracts: Insights from SRB Civil Engineering UK Ltd vs Ramboll UK Ltd [2022] CSOH 93

Date: Dec 21, 2022

Novation and Assignment in Construction Contracts: Insights from SRB Civil Engineering UK Ltd vs Ramboll UK Ltd [2022] CSOH 93 Introduction The case of SRB Civil Engineering UK Limited (SRBCE) versus...

High Court of Justiciary Strengthens Sentencing Regime for Repeated Domestic Rape Offenses

Date: Dec 21, 2022

High Court of Justiciary Strengthens Sentencing Regime for Repeated Domestic Rape Offenses Introduction The judgment CROWN APPEALS AGAINST SENTENCE BY HMA AGAINST LB, JI, AND JT ([2022] ScotHC...

Interpretation of Contractor Obligations in Letters of Credit: Lagan Construction vs. Scot Roads (2022) CSOH 92

Date: Dec 21, 2022

Interpretation of Contractor Obligations in Letters of Credit: Lagan Construction vs. Scot Roads (2022) CSOH 92 Introduction The case of Lagan Construction Group Limited (in Administration) and Ian...

Enhancing Beneficiary Rights in Executor Accountability: Lesley Currie v Susan Jane Blair [2022] CSIH 58

Date: Dec 21, 2022

Enhancing Beneficiary Rights in Executor Accountability: Lesley Currie v Susan Jane Blair [2022] CSIH 58 Introduction The case of Lesley Currie v Susan Jane Blair ([2022] CSIH 58) addresses critical...

Reclaiming Motion in Gartmore House v Loch Lomond & The Trossachs National Park Authority and the Scottish Ministers: Establishing the Sufficiency of Core Paths for Public Access

Date: Dec 21, 2022

Reclaiming Motion in Gartmore House v Loch Lomond & The Trossachs National Park Authority and the Scottish Ministers: Establishing the Sufficiency of Core Paths for Public Access Introduction The...