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  • Commentaries

Scotland Case Commentaries

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...
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...
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