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  • Commentaries

Scotland Case Commentaries

Awarding Judicial Review Expenses in Unopposed Immigration Cases: Insights from OA v Secretary of State for the Home Department [2022] CSOH 1

Awarding Judicial Review Expenses in Unopposed Immigration Cases: Insights from OA v Secretary of State for the Home Department [2022] CSOH 1

Date: Jan 8, 2022
Awarding Judicial Review Expenses in Unopposed Immigration Cases: Insights from OA v Secretary of State for the Home Department [2022] CSOH 1 Introduction The case of OA v Secretary of State for the...
Kelman v Moray Council: Expanding Equitable Relief in Asbestos Exposure Claims under Section 19A

Kelman v Moray Council: Expanding Equitable Relief in Asbestos Exposure Claims under Section 19A

Date: Dec 25, 2021
Kelman v Moray Council: Expanding Equitable Relief in Asbestos Exposure Claims under Section 19A Introduction The case of John Kelman against Moray Council ([2021] ScotCS CSOH_131) revolves around...
Establishing Procedural Fairness in Administrative Assessments: Insights from the Scottish Creel Fishermen's Federation v Scottish Ministers [2021] ScotCS CSIH_68

Establishing Procedural Fairness in Administrative Assessments: Insights from the Scottish Creel Fishermen's Federation v Scottish Ministers [2021] ScotCS CSIH_68

Date: Dec 24, 2021
Establishing Procedural Fairness in Administrative Assessments: Insights from the Scottish Creel Fishermen's Federation v Scottish Ministers [2021] ScotCS CSIH_68 Introduction The case of Scottish...
Establishing Cross-Border Protocols for Child Placement: City of Wolverhampton Council v The Lord Advocate & Anor ([2021] CSIH 69)

Establishing Cross-Border Protocols for Child Placement: City of Wolverhampton Council v The Lord Advocate & Anor ([2021] CSIH 69)

Date: Dec 24, 2021
Establishing Cross-Border Protocols for Child Placement Introduction The case City of Wolverhampton Council v The Lord Advocate & Anor ([2021] CSIH 69) addresses the complexities involved in...
VAT Implications on Lease Termination: Vengrove Ltd v Kuehne + Nagel Ltd [2021]

VAT Implications on Lease Termination: Vengrove Ltd v Kuehne + Nagel Ltd [2021]

Date: Dec 23, 2021
VAT Implications on Lease Termination: Vengrove Ltd v Kuehne + Nagel Ltd [2021] Introduction The case of Vengrove Ltd against Kuehne + Nagel Ltd ([2021] ScotCS CSOH_129) adjudicated by the Scottish...
Restricting Similar Fact Evidence in Civil Jury Trials: EG v The Fettes Trust

Restricting Similar Fact Evidence in Civil Jury Trials: EG v The Fettes Trust

Date: Dec 23, 2021
Restricting Similar Fact Evidence in Civil Jury Trials: EG v The Fettes Trust Introduction The case of EG against The Governors of The Fettes Trust ([2021] ScotCS CSOH_128) was adjudicated in the...
Apportionment of Responsibility in Medical Negligence: The Almond-Roots v Eljamel and NHS Tayside Judgment

Apportionment of Responsibility in Medical Negligence: The Almond-Roots v Eljamel and NHS Tayside Judgment

Date: Dec 22, 2021
Apportionment of Responsibility in Medical Negligence: The Almond-Roots v Eljamel and NHS Tayside Judgment Introduction The legal landscape surrounding medical negligence often grapples with the...
Limitations on Contribution Claims Following Settlement: Insights from Loretto Housing Association Ltd v Cruden Building & Renewals Ltd [2021] CSOH 127

Limitations on Contribution Claims Following Settlement: Insights from Loretto Housing Association Ltd v Cruden Building & Renewals Ltd [2021] CSOH 127

Date: Dec 22, 2021
Limitations on Contribution Claims Following Settlement: Insights from Loretto Housing Association Ltd v Cruden Building & Renewals Ltd [2021] CSOH 127 Introduction The legal landscape governing...
Reaffirming the Finality of Contractual Expert Determinations: Eastern Motor Co Ltd v Grassick et al [2021] CSIH_67

Reaffirming the Finality of Contractual Expert Determinations: Eastern Motor Co Ltd v Grassick et al [2021] CSIH_67

Date: Dec 18, 2021
Reaffirming the Finality of Contractual Expert Determinations: Eastern Motor Co Ltd v Grassick et al [2021] CSIH_67 Introduction The case of Eastern Motor Company Ltd v Grassick et al [2021] CSIH_67,...
Middlesea Insurance v Morrison: Reinforcing Sovereign Immunity in Public Regulatory Functions

Middlesea Insurance v Morrison: Reinforcing Sovereign Immunity in Public Regulatory Functions

Date: Dec 17, 2021
Middlesea Insurance v Morrison: Reinforcing Sovereign Immunity in Public Regulatory Functions Introduction The case of Simon Morrison against Middlesea Insurance PLC and another ([2021] CSOH 126)...
Time Bar Enforcement under Section 27A of the Court of Session Act 1988: Insights from O'Neill and Lauchlan v Scottish Ministers [2021] ScotCS CSIH_66

Time Bar Enforcement under Section 27A of the Court of Session Act 1988: Insights from O'Neill and Lauchlan v Scottish Ministers [2021] ScotCS CSIH_66

Date: Dec 16, 2021
Time Bar Enforcement under Section 27A of the Court of Session Act 1988: Insights from O'Neill and Lauchlan v Scottish Ministers [2021] ScotCS CSIH_66 Introduction The case of Charles O'Neill and...
Interpretation of Insurance Obligations and Tenant's Repair Duties in Commercial Leases: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_124

Interpretation of Insurance Obligations and Tenant's Repair Duties in Commercial Leases: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_124

Date: Dec 15, 2021
Interpretation of Insurance Obligations and Tenant's Repair Duties in Commercial Leases: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_124 Introduction The case of PACCOR...
Clarifying Tenant's "Enjoyment" in Lease Termination: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_125

Clarifying Tenant's "Enjoyment" in Lease Termination: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_125

Date: Dec 15, 2021
Clarifying Tenant's "Enjoyment" in Lease Termination: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_125 Introduction The case of PACCOR UK Limited (the pursuer) versus...
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...
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