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  • Commentaries

Scotland Case Commentaries

Judicial Precedent Established in Orkney Marine Farms Ltd v Lord Advocate and Scottish Ministers [2021]

Judicial Precedent Established in Orkney Marine Farms Ltd v Lord Advocate and Scottish Ministers [2021]

Date: Oct 30, 2021
Orkney Marine Farms Ltd v Lord Advocate and Scottish Ministers [2021] CSOH 112: Reinforcing the Precautionary Principle in Marine Environmental Regulation Introduction The case of Orkney Marine Farms...
Police Scotland's Duty to Disclose Information to Regulatory Bodies Without Court Orders: Expense Liability Affirmed

Police Scotland's Duty to Disclose Information to Regulatory Bodies Without Court Orders: Expense Liability Affirmed

Date: Oct 27, 2021
Police Scotland's Duty to Disclose Information to Regulatory Bodies Without Court Orders: Expense Liability Affirmed Introduction The case of The General Teaching Council for Scotland against The...
Scottish Court of Session Clarifies Fairness in Unfair Prejudice Claims Within Quasi-Partnership Companies

Scottish Court of Session Clarifies Fairness in Unfair Prejudice Claims Within Quasi-Partnership Companies

Date: Oct 27, 2021
Scottish Court of Session Clarifies Fairness in Unfair Prejudice Claims Within Quasi-Partnership Companies Introduction In the landmark case Charles Martin v Thomas Hughes and Others ([2021] ScotCS...
Extended Sentencing for High-Risk Sexual Offenders: Insights from McCarthy Appeal

Extended Sentencing for High-Risk Sexual Offenders: Insights from McCarthy Appeal

Date: Oct 27, 2021
Extended Sentencing for High-Risk Sexual Offenders: Insights from McCarthy Appeal Introduction The case of Her Majesty's Advocate v. Michael McCarthy ([2021] ScotHC HCJAC_46) represents a pivotal...
Contractual Interpretation in Multi-Party Remedial Works Agreements: Network Rail Infrastructure Ltd v Fern Trustee

Contractual Interpretation in Multi-Party Remedial Works Agreements: Network Rail Infrastructure Ltd v Fern Trustee

Date: Oct 22, 2021
Contractual Interpretation in Multi-Party Remedial Works Agreements: Network Rail Infrastructure Ltd v Fern Trustee Introduction The case of Network Rail Infrastructure Ltd against (First) Fern...
Judgment in Trees for Life v NatureScot: Ensuring Due Reasons in Lethal Control Licensing under the Habitats Directive

Judgment in Trees for Life v NatureScot: Ensuring Due Reasons in Lethal Control Licensing under the Habitats Directive

Date: Oct 22, 2021
Judgment in Trees for Life v NatureScot: Ensuring Due Reasons in Lethal Control Licensing under the Habitats Directive Introduction The case of Trees for Life versus NatureScot ([2021] CSOH 108)...
Integri Consultants Ltd v Midlothian Council: New Insights into the Doctrine of Approbate and Reprobate

Integri Consultants Ltd v Midlothian Council: New Insights into the Doctrine of Approbate and Reprobate

Date: Oct 21, 2021
Integri Consultants Ltd v Midlothian Council: New Insights into the Doctrine of Approbate and Reprobate 1. Introduction The case of Integri Consultants Ltd against Midlothian Council ([2021] ScotCS...
Park's of Hamilton v Scottish Football Association: Expanding the Scope of Arbitration Interests

Park's of Hamilton v Scottish Football Association: Expanding the Scope of Arbitration Interests

Date: Oct 21, 2021
Park's of Hamilton v Scottish Football Association: Expanding the Scope of Arbitration Interests Introduction The case of Park's of Hamilton (Holdings) Ltd v Scottish Football Association Ltd and...
Establishing Trustee Vicarious Liability for Historic Abuse Claims: Analysis of HUGH KENNEDY v BONNICI et al [2021] ScotCS CSOH_106

Establishing Trustee Vicarious Liability for Historic Abuse Claims: Analysis of HUGH KENNEDY v BONNICI et al [2021] ScotCS CSOH_106

Date: Oct 21, 2021
Establishing Trustee Vicarious Liability for Historic Abuse Claims: Analysis of HUGH KENNEDY v BONNICI et al [2021] ScotCS CSOH_106 Introduction The case of Hugh Kennedy against The Right Reverend...
Judicial Commentary: Suspension of Petition Warrant Procedures in [2021] ScotHC HCJAC_45

Judicial Commentary: Suspension of Petition Warrant Procedures in [2021] ScotHC HCJAC_45

Date: Oct 20, 2021
Judicial Commentary: Suspension of Petition Warrant Procedures in [2021] ScotHC HCJAC_45 1. Introduction The case Bill of Suspension by Brian Docherty against Her Majesty's Advocate ([2021] ScotHC...
Clarifying the Role of 'Reasonable Belief' in Consent under Scottish Sexual Offences Law

Clarifying the Role of 'Reasonable Belief' in Consent under Scottish Sexual Offences Law

Date: Oct 20, 2021
Clarifying the Role of 'Reasonable Belief' in Consent under Scottish Sexual Offences Law Introduction The case of Raymond Nyiam v Her Majesty's Advocate ([2021] ScotHC HCJAC_44) presents a pivotal...
Tacit Relocation and Lease Continuation: Insights from Rockford Trilogy Ltd vs NCR Ltd [2021] CSIH 56

Tacit Relocation and Lease Continuation: Insights from Rockford Trilogy Ltd vs NCR Ltd [2021] CSIH 56

Date: Oct 19, 2021
Tacit Relocation and Lease Continuation: Insights from Rockford Trilogy Ltd vs NCR Ltd [2021] CSIH 56 Introduction The case of Rockford Trilogy Ltd v NCR Ltd ([2021] CSIH 56) adjudicated by the...
Reclaiming Motion by Paul Vincent Kelly for Judicial Review: Establishing Standards for Defective Representation in the Scottish Criminal Cases Review Commission

Reclaiming Motion by Paul Vincent Kelly for Judicial Review: Establishing Standards for Defective Representation in the Scottish Criminal Cases Review Commission

Date: Oct 19, 2021
Reclaiming Motion by Paul Vincent Kelly for Judicial Review: Establishing Standards for Defective Representation in the Scottish Criminal Cases Review Commission 1. Introduction This commentary...
SAPPHIRE 16 SARL v MARKS AND SPENCER PLC: Enforcing Keep-Open Obligations in Commercial Leases

SAPPHIRE 16 SARL v MARKS AND SPENCER PLC: Enforcing Keep-Open Obligations in Commercial Leases

Date: Oct 16, 2021
SAPPHIRE 16 SARL v MARKS AND SPENCER PLC: Enforcing Keep-Open Obligations in Commercial Leases Introduction The case of SAPPHIRE 16 SARL (formerly known as Orion IV European 16 SARL) against MARKS...
North Lowther Energy Initiative Ltd v Scottish Ministers: Balancing Renewable Energy with Environmental Preservation

North Lowther Energy Initiative Ltd v Scottish Ministers: Balancing Renewable Energy with Environmental Preservation

Date: Oct 16, 2021
North Lowther Energy Initiative Ltd v Scottish Ministers: Balancing Renewable Energy with Environmental Preservation Introduction The case of North Lowther Energy Initiative Ltd against Scottish...
Vicarious Liability in Foster Care: Analyzing A v Glasgow City Council [2021] CSOH 102

Vicarious Liability in Foster Care: Analyzing A v Glasgow City Council [2021] CSOH 102

Date: Oct 14, 2021
Vicarious Liability in Foster Care: Analyzing A v Glasgow City Council [2021] CSOH 102 Introduction The case of A v Glasgow City Council [2021] CSOH 102 is a landmark judgment in Scottish law,...
Contractual Interpretation and Rectification: Insights from Paterson v Angeline (Scotland) Ltd [2021] ScotCS CSOH_101

Contractual Interpretation and Rectification: Insights from Paterson v Angeline (Scotland) Ltd [2021] ScotCS CSOH_101

Date: Oct 13, 2021
Contractual Interpretation and Rectification: Insights from Paterson v Angeline (Scotland) Ltd [2021] ScotCS CSOH_101 Introduction The case of Keiron Paterson Against Angeline (Scotland) Ltd ([2021]...
Balancing Fairness and Public Interest: Court Upholds ARB's Decision to Proceed in Absence of Appellant

Balancing Fairness and Public Interest: Court Upholds ARB's Decision to Proceed in Absence of Appellant

Date: Oct 9, 2021
Balancing Fairness and Public Interest: Court Upholds ARB's Decision to Proceed in Absence of Appellant Introduction In the case of James Craigie Tannahil Thomson vs. The Architect Registration Board...
Comprehensive Risk Assessment in Lifelong Sentencing: Insights from AB v Her Majesty's Advocate [2021]

Comprehensive Risk Assessment in Lifelong Sentencing: Insights from AB v Her Majesty's Advocate [2021]

Date: Oct 9, 2021
Comprehensive Risk Assessment in Lifelong Sentencing: Insights from AB v Her Majesty's Advocate [2021] Introduction In the case of AB v Her Majesty's Advocate ([2021] ScotHC HCJAC_43), the appellant,...
Affirmation of Country Guidance’s Authority in Asylum Appeal Decisions: AHT v Secretary of State for the Home Department [2021] ScotCS CSIH_55

Affirmation of Country Guidance’s Authority in Asylum Appeal Decisions: AHT v Secretary of State for the Home Department [2021] ScotCS CSIH_55

Date: Oct 9, 2021
Affirmation of Country Guidance’s Authority in Asylum Appeal Decisions Introduction The case of AHT (Appellant) v Secretary of State for the Home Department ([2021] ScotCS CSIH_55) presents a...
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