Scotland Case Commentaries

Entitlement of Rejected Creditors to Appeal Decisions on Third-Party Claims: SPEX Group Holdings Ltd v Fraser &c [2022]

Date: Sep 29, 2022

Entitlement of Rejected Creditors to Appeal Decisions on Third-Party Claims: SPEX Group Holdings Ltd v Fraser &c [2022] Introduction The case of SPEX Group Holdings Ltd against Alexander Iain Fraser...

Refining the Standards for Extending Interim Orders: Insights from Reclaiming Motion by K v General Medical Council

Date: Sep 28, 2022

Refining the Standards for Extending Interim Orders: Insights from Reclaiming Motion by K v General Medical Council Introduction The case of Reclaiming Motion by K against General Medical Council...

Reassessment of "Fresh Claims" in Asylum Proceedings: Analysis of HJ (F/E) v Secretary of State for the Home Department [2022] ScotCS CSOH_69

Date: Sep 28, 2022

Reassessment of "Fresh Claims" in Asylum Proceedings: Analysis of HJ (F/E) v Secretary of State for the Home Department [2022] ScotCS CSOH_69 Introduction The case of HJ (F/E) against Secretary of...

Invalid Transfer of Croft Tenancies: Precedent Set in Mark Pattinson v John Miller Matheson [2022] CSIH 43

Date: Sep 24, 2022

Invalid Transfer of Croft Tenancies: Precedent Set in Mark Pattinson v John Miller Matheson [2022] CSIH 43 Introduction The case of Mark Pattinson against John Miller Matheson ([2022] CSIH 43)...

Scottish Borders Council's Closure of Teviot Day Service: Landmark Judgment on Equality Duties and Procedural Fairness

Date: Sep 21, 2022

Scottish Borders Council's Closure of Teviot Day Service: Landmark Judgment on Equality Duties and Procedural Fairness Introduction The case of Petition of AB for Judicial Review ([2022] CSOH 68)...

Interim Employment Rights for Asylum Seekers Pending Judicial Review

Date: Sep 21, 2022

Interim Employment Rights for Asylum Seekers Pending Judicial Review: Insights from Mikhail Bakushev (AP) v Secretary of State for the Home Department [2022] CSOH 67 Introduction The case of Mikhail...

Reaffirmation of Final Certificate Conclusivity in Scottish Construction Contracts: D McLaughlin & Sons Ltd v East Ayrshire Council

Date: Sep 17, 2022

Reaffirmation of Final Certificate Conclusivity in Scottish Construction Contracts D McLaughlin & Sons Ltd v East Ayrshire Council ([2022] ScotCS CSIH_42) Introduction The legal dispute between D...

Enhanced Evidentiary Clarity in Visitor Visa Decisions: Commentary on Ghulam Sughra v. Office of the Advocate General

Date: Sep 16, 2022

Enhanced Evidentiary Clarity in Visitor Visa Decisions: Commentary on Ghulam Sughra v. Office of the Advocate General Introduction The case of Ghulam Sughra v. Office of the Advocate General ([2022]...

Rectification of Land Conveyancing Documents Based on Common Intention: Drysdale v Purvis [2022] CSOH 66

Date: Sep 14, 2022

Rectification of Land Conveyancing Documents Based on Common Intention: Drysdale v Purvis [2022] CSOH 66 Introduction The case of Robert Drysdale against Robert Purvis and others ([2022] CSOH 66)...

Establishing the Limits of Long Residence Rules: A New Precedent on Discrimination in Student Support under the ECHR

Date: Sep 10, 2022

Establishing the Limits of Long Residence Rules: A New Precedent on Discrimination in Student Support under the ECHR Introduction The case of Ola Jasim v. Student Awards Agency Scotland ([2022]...

Murphy v Dunbia: Establishing Limits on Interim Damages under RCS 43.11

Date: Sep 10, 2022

Murphy v Dunbia: Establishing Limits on Interim Damages under RCS 43.11 Introduction The case of Francis Murphy against Dunbia (UK), trading as Highland Meats [2022] CSOH 65, adjudicated by the...

Occupiers’ Liability in Shared Ownership: Insights from [2022] CSOH 62

Date: Sep 8, 2022

Occupiers’ Liability in Shared Ownership: Insights from [2022] CSOH 62 Introduction The case of Leigh Fenwick and Others against Leon Dundas and Others SD against Grampian Health Board ([2022] CSOH...

SD v NHS Grampian Health Board: Reaffirming Standards in Medical Negligence and Causation

Date: Sep 8, 2022

SD v NHS Grampian Health Board: Reaffirming Standards in Medical Negligence and Causation Introduction The case of SD against NHS Grampian Health Board ([2022] ScotCS CSOH_63) adjudicated by the...

Reaffirmation of Common Charge Classification in Property Management: South Lanarkshire Council Appeal Refused

Date: Sep 8, 2022

Reaffirmation of Common Charge Classification in Property Management: South Lanarkshire Council Appeal Refused Introduction The case of South Lanarkshire Council v. Gerald Boyd ([2022] CSIH 41)...

VAT Liability on Break Option Payments in Commercial Leases: A Landmark Judgment

Date: Sep 7, 2022

VAT Liability on Break Option Payments in Commercial Leases: A Landmark Judgment Introduction The legal landscape surrounding Value Added Tax (VAT) obligations in commercial lease agreements has been...

Sovereignty and Anti-Suit Injunctions: The Scottish Court of Session's Stance in Campbell v Finlay (2022)

Date: Aug 31, 2022

Sovereignty and Anti-Suit Injunctions: The Scottish Court of Session's Stance in Campbell v Finlay (2022) Introduction The case of Hugh Hall Campbell Q.C. v James Finlay (Kenya) Ltd ([2022] ScotCS...

Establishing Jurisdiction Limits on Recompense Claims Absent a Contract: CSG Commercial v AJ Capital Partners

Date: Aug 31, 2022

Establishing Jurisdiction Limits on Recompense Claims Absent a Contract: CSG Commercial v AJ Capital Partners Introduction The case of CSG Commercial Limited v AJ Capital Partners LLC ([2022] ScotCS...

Discounting Custodial Sentences through Community Payback Orders for Early Plea: Establishing New Precedent

Date: Aug 31, 2022

Discounting Custodial Sentences through Community Payback Orders for Early Plea: Establishing New Precedent Introduction The case APPEAL AGAINST SENTENCE BY ROBERT McDONALD AND EUAN MILLIGAN AGAINST...

Balancing Environmental Preservation and Renewable Energy Objectives: Insights from NLEI Ltd v Scottish Ministers [2022] CSIH 39

Date: Aug 27, 2022

Balancing Environmental Preservation and Renewable Energy Objectives: Insights from NLEI Ltd v Scottish Ministers [2022] CSIH 39 Introduction The case NLEI Ltd v Scottish Ministers ([2022] CSIH 39)...

Affirming Permanent Equity Share Transfers over Temporary Loan Security: BV10 Ltd v Allanvale Land Investments Ltd

Date: Aug 26, 2022

Affirming Permanent Equity Share Transfers over Temporary Loan Security: BV10 Ltd v Allanvale Land Investments Ltd Introduction The case of BV10 Limited v Allanvale Land Investments Limited and...