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  • Commentaries

Scotland Case Commentaries

Rescission Denied in APCOA PARKING (UK) LTD v CROSSLANDS PROPERTIES LTD: Material Breach Not Established

Rescission Denied in APCOA PARKING (UK) LTD v CROSSLANDS PROPERTIES LTD: Material Breach Not Established

Date: Jul 31, 2021
Rescission Denied in APCOA PARKING (UK) LTD v CROSSLANDS PROPERTIES LTD: Material Breach Not Established Introduction The case of APCOA PARKING (UK) LTD against CROSSLANDS PROPERTIES LTD ([2021]...
WPH Developments Ltd v Young & Gault LLP: Defining Awareness in Prescriptive Periods under Section 11(3)

WPH Developments Ltd v Young & Gault LLP: Defining Awareness in Prescriptive Periods under Section 11(3)

Date: Jul 30, 2021
WPH Developments Ltd v Young & Gault LLP: Defining Awareness in Prescriptive Periods under Section 11(3) Introduction The case of WPH Developments Ltd v Young & Gault LLP (In Liquidation) [2021] CSIH...
Affirmation of Standard Security Rights under HBOS Group Reorganisation Act 2006: McLeod v Bank of Scotland PLC [2021] ScotCS CSOH_76

Affirmation of Standard Security Rights under HBOS Group Reorganisation Act 2006: McLeod v Bank of Scotland PLC [2021] ScotCS CSOH_76

Date: Jul 24, 2021
Affirmation of Standard Security Rights under HBOS Group Reorganisation Act 2006: McLeod v Bank of Scotland PLC [2021] ScotCS CSOH_76 Introduction The case of Stewart McLeod against Bank of Scotland...
Assessment of Damages for Loss of Society and Transmissible Solatium in Workplace Fatality Cases: McArthur v Timberbush Tours Ltd [2021] ScotCS CSOH_75

Assessment of Damages for Loss of Society and Transmissible Solatium in Workplace Fatality Cases: McArthur v Timberbush Tours Ltd [2021] ScotCS CSOH_75

Date: Jul 23, 2021
Assessment of Damages for Loss of Society and Transmissible Solatium in Workplace Fatality Cases: McArthur v Timberbush Tours Ltd [2021] ScotCS CSOH_75 Introduction The case of Robert McArthur and...
Rigorous Standards for Lawful Consultations Established in SPP Amendments Judgment (2021) CSOH 74

Rigorous Standards for Lawful Consultations Established in SPP Amendments Judgment (2021) CSOH 74

Date: Jul 22, 2021
Rigorous Standards for Lawful Consultations Established in SPP Amendments Judgment (2021) CSOH 74 Introduction The case of (FIRST) GRAHAM'S THE FAMILY DAIRY AND OTHERS IN THE PETITION OF ELAN HOMES...
Trade Mark Infringement and Territorial Scope of Interim Interdicts: Grant & Sons vs. Lidl

Trade Mark Infringement and Territorial Scope of Interim Interdicts: Grant & Sons vs. Lidl

Date: Jul 21, 2021
Trade Mark Infringement and Territorial Scope of Interim Interdicts: Grant & Sons vs. Lidl Introduction The case of William Grant & Sons Irish Brands Ltd against (First) Lidl Stiftung & Co KG and...
ZR v SPR [2021] CSOH 69: Guiding Principles for Child Residence and Contact Orders under the Children (Scotland) Act 1995

ZR v SPR [2021] CSOH 69: Guiding Principles for Child Residence and Contact Orders under the Children (Scotland) Act 1995

Date: Jul 17, 2021
ZR v SPR [2021] CSOH 69: Guiding Principles for Child Residence and Contact Orders under the Children (Scotland) Act 1995 Introduction The case of ZR v SPR [2021] CSOH 69 adjudicated in the Outer...
Reaffirming the Criteria for Dominus Litis in Scottish Law: Reactec Ltd v Curotec Team Ltd [2021] CSOH 72

Reaffirming the Criteria for Dominus Litis in Scottish Law: Reactec Ltd v Curotec Team Ltd [2021] CSOH 72

Date: Jul 17, 2021
Reaffirming the Criteria for Dominus Litis in Scottish Law: Reactec Ltd v Curotec Team Ltd [2021] CSOH 72 Introduction The case of Reactec Ltd v Curotec Team Ltd [2021] CSOH 72 was heard in the...
Procedural Fairness in Police Misconduct Hearings: Insights from R and Others v Chief Constable of the Police Service of Scotland

Procedural Fairness in Police Misconduct Hearings: Insights from R and Others v Chief Constable of the Police Service of Scotland

Date: Jul 17, 2021
Procedural Fairness in Police Misconduct Hearings: Insights from R and Others v Chief Constable of the Police Service of Scotland ([2021] ScotCS CSOH_73) Introduction The case of R and Others v Chief...
Establishing Shared Residence Arrangements in Family Law: Insights from AH Against SH [2021] CSOH 71

Establishing Shared Residence Arrangements in Family Law: Insights from AH Against SH [2021] CSOH 71

Date: Jul 17, 2021
Establishing Shared Residence Arrangements in Family Law: Insights from AH Against SH [2021] CSOH 71 Introduction The case of AH Against SH [2021] CSOH 71 was heard in the Outer House of the Scottish...
Tenant’s Repair Obligations Limited to Ordinary Repairs: Kilmac Properties Ltd v Tesco Stores Ltd [2021] CSOH 70

Tenant’s Repair Obligations Limited to Ordinary Repairs: Kilmac Properties Ltd v Tesco Stores Ltd [2021] CSOH 70

Date: Jul 17, 2021
Tenant’s Repair Obligations Limited to Ordinary Repairs: Kilmac Properties Ltd v Tesco Stores Ltd [2021] CSOH 70 Introduction The case of Kilmac Properties Limited (the Pursuer) versus Tesco Stores...
Causation in Professional Negligence Pleadings: Insights from Kevin Dunn v Greater Glasgow Health Board [2021] CSOH 68

Causation in Professional Negligence Pleadings: Insights from Kevin Dunn v Greater Glasgow Health Board [2021] CSOH 68

Date: Jul 14, 2021
Causation in Professional Negligence Pleadings: Insights from Kevin Dunn v Greater Glasgow Health Board [2021] CSOH 68 Introduction The case of Kevin Dunn v Greater Glasgow Health Board ([2021] CSOH...
Scott Wilson Scotland Ltd [2021] ScotCS CSIH_37: Clarifying Duty of Care in Environmental Remediation for Residential Developments

Scott Wilson Scotland Ltd [2021] ScotCS CSIH_37: Clarifying Duty of Care in Environmental Remediation for Residential Developments

Date: Jul 8, 2021
Scott Wilson Scotland Ltd [2021] ScotCS CSIH_37: Clarifying Duty of Care in Environmental Remediation for Residential Developments Introduction The case of Angela McManus and Robert McManus against...
Scottish Court of Session Establishes Rigorous Standards for Nuisance Claims in Waste Water Treatment Plant Cases

Scottish Court of Session Establishes Rigorous Standards for Nuisance Claims in Waste Water Treatment Plant Cases

Date: Jul 8, 2021
Scottish Court of Session Establishes Rigorous Standards for Nuisance Claims in Waste Water Treatment Plant Cases Introduction The case of William MacBean vs Scottish Water ([2021] CSIH 36) presents...
Dismissing Employees Based on Unconfirmed Misconduct: Insights from APPEAL BY L AGAINST K ([2021] CSIH 35)

Dismissing Employees Based on Unconfirmed Misconduct: Insights from APPEAL BY L AGAINST K ([2021] CSIH 35)

Date: Jul 8, 2021
Dismissing Employees Based on Unconfirmed Misconduct: Insights from APPEAL BY L AGAINST K ([2021] CSIH 35) Introduction The case, APPEAL BY L AGAINST K ([2021] CSIH 35), adjudicated by the Inner...
Limits of Rule 2.1 in Reclaiming Interlocutors: KOSNO v ROBERTSON [2021] CSOH 79

Limits of Rule 2.1 in Reclaiming Interlocutors: KOSNO v ROBERTSON [2021] CSOH 79

Date: Jul 5, 2021
Limits of Rule 2.1 in Reclaiming Interlocutors: KOSNO v ROBERTSON [2021] CSOH 79 Introduction The case of Wojciech Kosno versus Dean Robertson ([2021] CSOH 79) adjudicated by the Scottish Court of...
Enforceability of Indicative Terms and Oral Promises in Loan Agreements: Analysis of G1 Properties Limited v. The Royal Bank of Scotland PLC ([2021] CSOH 78)

Enforceability of Indicative Terms and Oral Promises in Loan Agreements: Analysis of G1 Properties Limited v. The Royal Bank of Scotland PLC ([2021] CSOH 78)

Date: Jul 4, 2021
Enforceability of Indicative Terms and Oral Promises in Loan Agreements: Analysis of G1 Properties Limited v. The Royal Bank of Scotland PLC ([2021] CSOH 78) Introduction The case of G1 Properties...
Provocation in Culpable Homicide: Insights from HCJAC 35

Provocation in Culpable Homicide: Insights from HCJAC 35

Date: Jul 2, 2021
Provocation in Culpable Homicide: Insights from HCJAC 35 Introduction The Scottish High Court of Justiciary delivered a pivotal judgment in the case of Paul Stuart Smith v. Her Majesty's Advocate...
Compulsory Purchase and Compensation: Insights from the Scottish Court of Session's Decision in SRUC v Scottish Ministers

Compulsory Purchase and Compensation: Insights from the Scottish Court of Session's Decision in SRUC v Scottish Ministers

Date: Jun 24, 2021
Compulsory Purchase and Compensation: Insights from the Scottish Court of Session's Decision in SRUC v Scottish Ministers Introduction The case of Scottish Ministers v Scotland's Rural College (SRUC)...
Mutual Corroboration Standards in Sexual Offence Cases: Analysis of John Deeney's Conviction

Mutual Corroboration Standards in Sexual Offence Cases: Analysis of John Deeney's Conviction

Date: Jun 24, 2021
Mutual Corroboration Standards in Sexual Offence Cases: Analysis of John Deeney's Conviction Introduction The case of John Deeney vs. Her Majesty's Advocate ([2021] HCJAC 33) presents a pivotal...
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