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  • Commentaries

Scotland Case Commentaries

Procedural Compliance Satisfied: Scottish Court Upholds EIA Consent for Vorlich Oil Field Exploitation Despite Greenpeace Appeal

Procedural Compliance Satisfied: Scottish Court Upholds EIA Consent for Vorlich Oil Field Exploitation Despite Greenpeace Appeal

Date: Oct 8, 2021
Procedural Compliance Satisfied: Scottish Court Upholds EIA Consent for Vorlich Oil Field Exploitation Despite Greenpeace Appeal Introduction In the landmark case of Greenpeace Ltd v Advocate General...
Enforcing Contractual Dispute Resolution: Insights from Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSIH 58

Enforcing Contractual Dispute Resolution: Insights from Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSIH 58

Date: Oct 7, 2021
Enforcing Contractual Dispute Resolution: Insights from Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSIH 58 Introduction The case of Fraserburgh Harbour Commissioners v...
Establishing the 'Loss of a Chance' Principle in Insolvency Administration: The Rangers FC Liquidation Case

Establishing the 'Loss of a Chance' Principle in Insolvency Administration: The Rangers FC Liquidation Case

Date: Oct 7, 2021
Establishing the 'Loss of a Chance' Principle in Insolvency Administration: The Rangers FC Liquidation Case Introduction The case of JAMES STEPHEN AND ANOTHER AS JOINT LIQUIDATORS OF RFC 2012 PLC FOR...
Protection Against Bad Faith Trade Mark Registrations: Tomatin Distillery v Tomatin Trading Company [2021]

Protection Against Bad Faith Trade Mark Registrations: Tomatin Distillery v Tomatin Trading Company [2021]

Date: Oct 7, 2021
Protection Against Bad Faith Trade Mark Registrations: Tomatin Distillery v Tomatin Trading Company [2021] Introduction The case of Tomatin Distillery Company Ltd v Tomatin Trading Company ([2021]...
Enforcement of Good Faith Obligations under NEC3: The Van Oord UK Ltd v Dragados UK Ltd Judgment

Enforcement of Good Faith Obligations under NEC3: The Van Oord UK Ltd v Dragados UK Ltd Judgment

Date: Oct 6, 2021
Enforcement of Good Faith Obligations under NEC3: The Van Oord UK Ltd v Dragados UK Ltd Judgment Introduction The case of Van Oord UK Ltd v Dragados UK Ltd ([2021] ScotCS CSIH_50) addresses critical...
Revisiting Asylum and Child Welfare: Insights from the Scottish Court of Session in ZA and MN Pursuers and Reclaimers vs. Secretary of State for the Home Department [2021]

Revisiting Asylum and Child Welfare: Insights from the Scottish Court of Session in ZA and MN Pursuers and Reclaimers vs. Secretary of State for the Home Department [2021]

Date: Oct 6, 2021
Revisiting Asylum and Child Welfare: Insights from the Scottish Court of Session in ZA and MN Pursuers and Reclaimers vs. Secretary of State for the Home Department [2021] Introduction The case of ZA...
Reaffirmation of the Second Appeals Test in Asylum Cases: Analysis of BFH v Secretary of State for the Home Department [2021] CSIH 51

Reaffirmation of the Second Appeals Test in Asylum Cases: Analysis of BFH v Secretary of State for the Home Department [2021] CSIH 51

Date: Oct 6, 2021
Reaffirmation of the Second Appeals Test in Asylum Cases: Analysis of BFH v Secretary of State for the Home Department [2021] CSIH 51 Introduction The case BFH v Secretary of State for the Home...
Limits of Joint and Several Liability in Contract Amendments: Equorium Property Co Ltd v ScottishPower Energy Retail Ltd ([2021] ScotCS CSOH_98)

Limits of Joint and Several Liability in Contract Amendments: Equorium Property Co Ltd v ScottishPower Energy Retail Ltd ([2021] ScotCS CSOH_98)

Date: Oct 2, 2021
Limits of Joint and Several Liability in Contract Amendments: Equorium Property Co Ltd v ScottishPower Energy Retail Ltd ([2021] ScotCS CSOH_98) Introduction The case of ScottishPower Energy Retail...
Scottish Court of Session Establishes Precedent on Child Relocation in Asylum Cases

Scottish Court of Session Establishes Precedent on Child Relocation in Asylum Cases

Date: Oct 2, 2021
Scottish Court of Session Establishes Precedent on Child Relocation in Asylum Cases Introduction In the case of MR H against MRS W ([2021] ScotCS CSOH_97), the Scottish Court of Session addressed a...
Employer Liability and Foreseeability in Equestrian Accidents: A Comprehensive Commentary on Milly Morrison v James Oakden [2021] CSOH 96

Employer Liability and Foreseeability in Equestrian Accidents: A Comprehensive Commentary on Milly Morrison v James Oakden [2021] CSOH 96

Date: Sep 30, 2021
Employer Liability and Foreseeability in Equestrian Accidents: A Comprehensive Commentary on Milly Morrison v James Oakden [2021] CSOH 96 Introduction The case of Milly Morrison against James Oakden...
Scots Court Upholds Rule in Gibbs: Limits of Recognizing Foreign Moratorium in Cross-Border Insolvency

Scots Court Upholds Rule in Gibbs: Limits of Recognizing Foreign Moratorium in Cross-Border Insolvency

Date: Sep 25, 2021
Scots Court Upholds Rule in Gibbs: Limits of Recognizing Foreign Moratorium in Cross-Border Insolvency Introduction The judgment in PETITION OF CHANG CHIN FEN AGAINST COSCO SHIPPING (QIDONG) OFFSHORE...
Establishing Limits on Prescriptive Servitudes: Insights from RECLAIMING MOTION BY MAJOR DOUGLAS BOWRING SOULSBY AGAINST RICHARD JAMES JONES AND ANOTHER [2021] ScotCS CSIH_48

Establishing Limits on Prescriptive Servitudes: Insights from RECLAIMING MOTION BY MAJOR DOUGLAS BOWRING SOULSBY AGAINST RICHARD JAMES JONES AND ANOTHER [2021] ScotCS CSIH_48

Date: Sep 23, 2021
Establishing Limits on Prescriptive Servitudes: Insights from Reclaiming Motion by Major Douglas Bowring Soulby against Richard James Jones and Another [2021] ScotCS CSIH_48 Introduction The case of...
Extension of Trial Time Limits in Sexual Offence Cases: Analysis of [2022] HCJAC 1

Extension of Trial Time Limits in Sexual Offence Cases: Analysis of [2022] HCJAC 1

Date: Sep 18, 2021
Extension of Trial Time Limits in Sexual Offence Cases: Analysis of [2022] HCJAC 1 Introduction The case Her Majesty's Advocate v. Neil Thomas George Graham ([2022] HCJAC 1) presents a pivotal...
Ministerial Decision-Making and the Boundaries of Delegated Powers: A Comprehensive Analysis of North Lanarkshire BioPower Ltd v Scottish Ministers [2021] ScotCS CSIH_47

Ministerial Decision-Making and the Boundaries of Delegated Powers: A Comprehensive Analysis of North Lanarkshire BioPower Ltd v Scottish Ministers [2021] ScotCS CSIH_47

Date: Sep 15, 2021
Ministerial Decision-Making and the Boundaries of Delegated Powers: A Comprehensive Analysis of North Lanarkshire BioPower Ltd v Scottish Ministers [2021] ScotCS CSIH_47 Introduction The case of...
Mandate on Design Statements in Conservation Areas: Westend Residents CIC v Dundee City Council

Mandate on Design Statements in Conservation Areas: Westend Residents CIC v Dundee City Council

Date: Sep 11, 2021
Mandate on Design Statements in Conservation Areas: Westend Residents CIC v Dundee City Council ([2021] ScotCS CSOH_93) Introduction The case of Westend Residents CIC v Dundee City Council ([2021]...
Validating CCTV and Comparative Database Identification: Insights from Orr v Her Majesty's Advocate [2021] HCJAC 42

Validating CCTV and Comparative Database Identification: Insights from Orr v Her Majesty's Advocate [2021] HCJAC 42

Date: Sep 11, 2021
Validating CCTV and Comparative Database Identification: Insights from Orr v Her Majesty's Advocate [2021] HCJAC 42 Introduction The case of Gary Orr v Her Majesty's Advocate [2021] HCJAC 42...
Executor's Discretion in Legacy Distribution: Insights from VINDEX Trustees Ltd v Court of Session

Executor's Discretion in Legacy Distribution: Insights from VINDEX Trustees Ltd v Court of Session

Date: Sep 4, 2021
Executor's Discretion in Legacy Distribution: Insights from VINDEX Trustees Ltd v Court of Session Introduction The case of VINDEX Trustees Ltd for Directions under Section 6 of the Court of Session...
Duty of Dive Boat Operators to Assess and Mitigate Risks: Warner v Scapa Flow Charters

Duty of Dive Boat Operators to Assess and Mitigate Risks: Warner v Scapa Flow Charters

Date: Sep 4, 2021
Duty of Dive Boat Operators to Assess and Mitigate Risks: Warner v Scapa Flow Charters Introduction The case of Debbie Warner v Scapa Flow Charters ([2021] ScotCS CSOH_92) adjudicated by the Scottish...
Judicial Review Upholds Graduated Release Strategy in Parole Decisions

Judicial Review Upholds Graduated Release Strategy in Parole Decisions

Date: Sep 4, 2021
Judicial Review Upholds Graduated Release Strategy in Parole Decisions Introduction The case of Dean Ryan challenges a decision made by the Scottish Parole Board, which denied Ryan's immediate...
Habitual Residence Prevails Over Parental Agreements in Child Abduction Cases: PETITION OF F AGAINST M ([2021] CSOH 90)

Habitual Residence Prevails Over Parental Agreements in Child Abduction Cases: PETITION OF F AGAINST M ([2021] CSOH 90)

Date: Sep 1, 2021
Habitual Residence Prevails Over Parental Agreements in Child Abduction Cases: Petition of F against M ([2021] CSOH 90) Introduction The case Petition of F against M ([2021] CSOH 90) adjudicated by...
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