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  • Commentaries

Scotland Case Commentaries

Refinement of the Quincecare Duty: Limitations in the Context of Authorised Push Payment (APP) Fraud – SEKERS FABRICS LTD v CLYDESDALE BANK PLC [2021] CSOH 89

Refinement of the Quincecare Duty: Limitations in the Context of Authorised Push Payment (APP) Fraud – SEKERS FABRICS LTD v CLYDESDALE BANK PLC [2021] CSOH 89

Date: Aug 27, 2021
Refinement of the Quincecare Duty: Limitations in the Context of Authorised Push Payment (APP) Fraud SEKERS FABRICS LTD v CLYDESDALE BANK PLC ([2021] CSOH 89) Introduction In the case of SEKERS...
Reevaluation of Sentencing in Cases of Sexual Offences by Persons in Positions of Trust

Reevaluation of Sentencing in Cases of Sexual Offences by Persons in Positions of Trust

Date: Aug 25, 2021
Reevaluation of Sentencing in Cases of Sexual Offences by Persons in Positions of Trust Introduction The case of Kieran Malcolmson against Her Majesty's Advocate ([2021] HCJAC 39) represents a...
Space Hub Sutherland Judgment: Affirmed Standards for Environmental Impact Assessments in Scottish Planning Law

Space Hub Sutherland Judgment: Affirmed Standards for Environmental Impact Assessments in Scottish Planning Law

Date: Aug 21, 2021
Space Hub Sutherland Judgment: Affirmed Standards for Environmental Impact Assessments in Scottish Planning Law Introduction The case of Wildland Ltd v The Highland Council ([2021] ScotCS CSOH_87)...
De Praesenti Principle and Rectification in Scottish Land Registration: Comprehensive Analysis of [2021] ScotCS CSIH_44

De Praesenti Principle and Rectification in Scottish Land Registration: Comprehensive Analysis of [2021] ScotCS CSIH_44

Date: Aug 21, 2021
De Praesenti Principle and Rectification in Scottish Land Registration: Comprehensive Analysis of [2021] ScotCS CSIH_44 Introduction The case of Reclaiming Motion by BAM TCP Atlantic Square Ltd...
Vermilion Holdings Ltd v HMRC: New Precedent on Section 471(3) Deeming Provision in Employment-Related Securities Options

Vermilion Holdings Ltd v HMRC: New Precedent on Section 471(3) Deeming Provision in Employment-Related Securities Options

Date: Aug 21, 2021
Vermilion Holdings Ltd v HMRC: New Precedent on Section 471(3) Deeming Provision in Employment-Related Securities Options Introduction The case of Vermilion Holdings Ltd v The Commissioners for Her...
Establishing Exclusive Ownership of Common Property: Insights from BAM TCP Atlantic Square Ltd v British Telecommunications PLC & Firleigh Ltd [2021] CSIH 44

Establishing Exclusive Ownership of Common Property: Insights from BAM TCP Atlantic Square Ltd v British Telecommunications PLC & Firleigh Ltd [2021] CSIH 44

Date: Aug 21, 2021
Establishing Exclusive Ownership of Common Property: Insights from BAM TCP Atlantic Square Ltd v British Telecommunications PLC & Firleigh Ltd [2021] CSIH 44 Introduction The case of BAM TCP Atlantic...
Midas Touch and De Praesenti Principle in Scottish Land Law: Comprehensive Analysis of [2021] CSIH 44

Midas Touch and De Praesenti Principle in Scottish Land Law: Comprehensive Analysis of [2021] CSIH 44

Date: Aug 21, 2021
Midas Touch and De Praesenti Principle in Scottish Land Law: Comprehensive Analysis of [2021] CSIH 44 Introduction The case of Reclaiming Motion by BAM TCP Atlantic Square Limited against British...
Clarifying De Praesenti and Common Property Rights in Land Registration: Analysis of [2021] CSIH 44

Clarifying De Praesenti and Common Property Rights in Land Registration: Analysis of [2021] CSIH 44

Date: Aug 21, 2021
Clarifying De Praesenti and Common Property Rights in Land Registration: Analysis of [2021] CSIH 44 Introduction The case titled Reclaiming Motion by BAM TCP Atlantic Square Ltd against British...
Reforming the Fitness to Practise Procedure: Insights from AB v General Medical Council [2021] ScotCS CSOH_85

Reforming the Fitness to Practise Procedure: Insights from AB v General Medical Council [2021] ScotCS CSOH_85

Date: Aug 19, 2021
Reforming the Fitness to Practise Procedure: Insights from AB v General Medical Council [2021] ScotCS CSOH_85 Introduction The case of AB v General Medical Council ([2021] ScotCS CSOH_85) addresses...
Public Bodies' Obligation to Publish Reports Overrides Claims of Legitimate Expectation: Y v Healthcare Improvement Scotland [2021] ScotCS CSOH_86

Public Bodies' Obligation to Publish Reports Overrides Claims of Legitimate Expectation: Y v Healthcare Improvement Scotland [2021] ScotCS CSOH_86

Date: Aug 19, 2021
Public Bodies' Obligation to Publish Reports Overrides Claims of Legitimate Expectation: Y v Healthcare Improvement Scotland [2021] ScotCS CSOH_86 Introduction The case of Y v Healthcare Improvement...
Rejection of New Forensic Evidence in Rape Convictions: Comprehensive Analysis of [2021] ScotHC HCJAC_38

Rejection of New Forensic Evidence in Rape Convictions: Comprehensive Analysis of [2021] ScotHC HCJAC_38

Date: Aug 18, 2021
Rejection of New Forensic Evidence in Rape Convictions: Comprehensive Analysis of [2021] ScotHC HCJAC_38 Introduction The case of Brian James Meighan, Kevin James Kane, and David Sutherland Pugh...
Distinguishing 'Current' and 'Previous' Overstaying for Lawful Continuous Residence: TOTON MIAH v Home Department [2021] CSOH 84

Distinguishing 'Current' and 'Previous' Overstaying for Lawful Continuous Residence: TOTON MIAH v Home Department [2021] CSOH 84

Date: Aug 18, 2021
Distinguishing 'Current' and 'Previous' Overstaying for Lawful Continuous Residence: TOTON MIAH v Home Department [2021] CSOH 84 Introduction The case of TOTON MIAH against the Secretary of State for...
Procedural Fairness in Prisoner Progression: The George Smith v Scottish Ministers Judgment

Procedural Fairness in Prisoner Progression: The George Smith v Scottish Ministers Judgment

Date: Aug 14, 2021
Procedural Fairness in Prisoner Progression: The George Smith v Scottish Ministers Judgment Introduction The case of George Smith versus Scottish Ministers ([2021] ScotCS CSOH_83) adjudicated by the...
Establishing Undue Influence and Fraudulent Misrepresentation: Comprehensive Commentary on William Lindsay v Outlook Finance Ltd [2021] CSOH 82

Establishing Undue Influence and Fraudulent Misrepresentation: Comprehensive Commentary on William Lindsay v Outlook Finance Ltd [2021] CSOH 82

Date: Aug 13, 2021
Establishing Undue Influence and Fraudulent Misrepresentation: Comprehensive Commentary on William Lindsay v Outlook Finance Ltd [2021] CSOH 82 Introduction The case of William Lindsay v Outlook...
Extension of Time Limits in Judicial Reviews: Insights from [2021] CSOH 81

Extension of Time Limits in Judicial Reviews: Insights from [2021] CSOH 81

Date: Aug 12, 2021
Extension of Time Limits in Judicial Reviews: Insights from Petition of Avaaz Foundation against the Scottish Ministers and Others ([2021] CSOH 81) Introduction The case of Avaaz Foundation vs....
Judicial Review Standards in Asylum Appeal Refusals: Analysis of HMH v Secretary of State for the Home Department [2021] CSIH 43

Judicial Review Standards in Asylum Appeal Refusals: Analysis of HMH v Secretary of State for the Home Department [2021] CSIH 43

Date: Aug 11, 2021
Judicial Review Standards in Asylum Appeal Refusals: Analysis of HMH v Secretary of State for the Home Department [2021] CSIH 43 Introduction The case of HMH v Secretary of State for the Home...
Right of Appeal in EUSS Family Permit Applications: A New Precedent Established by OA v Secretary of State for the Home Department

Right of Appeal in EUSS Family Permit Applications: A New Precedent Established by OA v Secretary of State for the Home Department

Date: Aug 11, 2021
Right of Appeal in EUSS Family Permit Applications: A New Precedent Established by OA v Secretary of State for the Home Department Introduction The case of OA v Secretary of State for the Home...
Ba v Secretary of State for the Home Department: Real Prospect of Success in Judicial Review

Ba v Secretary of State for the Home Department: Real Prospect of Success in Judicial Review

Date: Aug 11, 2021
Ba v Secretary of State for the Home Department: Real Prospect of Success in Judicial Review Introduction In the case of Ba v Secretary of State for the Home Department ([2021] ScotCS CSIH_42), the...
Procedural Fairness in Judicial Review: EnergieKontor UK Ltd v Advocate General for Scotland [2021] CSIH 40

Procedural Fairness in Judicial Review: EnergieKontor UK Ltd v Advocate General for Scotland [2021] CSIH 40

Date: Jul 31, 2021
Procedural Fairness in Judicial Review: EnergieKontor UK Ltd v Advocate General for Scotland [2021] CSIH 40 Introduction The case of EnergieKontor UK Ltd against (First) Advocate General for...
Establishing the Standard for Default Judgments and Medical Certificate Scrutiny in Scottish Law: George Amil and M v Overwaele [2021] CSIH 41

Establishing the Standard for Default Judgments and Medical Certificate Scrutiny in Scottish Law: George Amil and M v Overwaele [2021] CSIH 41

Date: Jul 31, 2021
Establishing the Standard for Default Judgments and Medical Certificate Scrutiny in Scottish Law: George Amil and M v Overwaele [2021] CSIH 41 Introduction The case of George Amil and M v Overwaele...
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