Withdrawn Charges: Standard Jury Direction Suffices Where Evidence Remains Relevant to Live Charges 1. Introduction In Appeal against Conviction by CMD against His Majesty's Advocate [2026] HCJAC 20,...
Fair Notice in Long-Running Harassment Claims and Late-Produced Credibility Documents in Civil Proofs Court: Extra Division, Inner House, Court of Session (Scottish Court of Session) Citation: [2026]...
Common Law Dockets: When an Erroneous Section 288BA Direction is De Minimis and Does Not Cause a Miscarriage of Justice 1. Introduction In Appeal against Conviction by RS against His Majesty's...
“Sanitary Accommodation” Means Sex-Separated Toilet-and-Wash Spaces: Unisex School Toilet Areas Breach the 1967 Regulations and May Indirectly Discriminate Case: Petition of DE and FG against West...
Section 53 FOISA: Late Compliance with an Unappealed Decision Notice Can Justify Contempt-Equivalent Disposal Case: Petition of The Scottish Information Commissioner against the Scottish Ministers...
Consumer Protection Act 1987: No inferred “defect” from seatbelt unfastening where regulatory scheme contemplates inadvertent release and claimant cannot prove the safety shortfall 1. Introduction...
Section 274(1)(c) Bars “Custody-Dispute Motive” Questioning Without a Section 275 Application and an Evidential Basis Case: Appeal against Conviction by KB against His Majesty's Advocate Court: High...
Local Authority Age Assessments Under Nationality and Borders Act 2022 s50: No Declarator of Age in Judicial Review; Brief Enquiry Can Be the Statutory Age Assessment 1. Introduction Petition of Qan...
Group Proceedings for Hernia Mesh Claims: “Similar or Related” Commonality and a Holistic Suitability Test at Permission Stage 1. Introduction In Stuart McKenzie v Covidien LP [2026] CSOH 48 (Outer...
Allocated “Housing” in City Plan 2030 Means Mainstream Housing, Not PBSA: PBSA Treated as Commercial Development on Housing Allocations Court: Scottish Court of Session, Inner House (First Division)...
Resulting Trust on Failure of Escrow Development Trust Purposes Arises When Failure Becomes Impossible (Sale Without Development Condition) Court: Scottish Court of Session, Inner House (Extra...
Domestic Abuse Act s 1 trials: sections 274–275 sexual history regime applies only if extended by a section 288C(4) order 1. Introduction This commentary concerns Application for permission to appeal...
Revisiting Section 11 Child-Arrangements After Proof: Unworkable Orders and Welfare-Driven Variation Court: Outer House, Court of Session (Scotland) Citation: [2026] CSOH 47 Judge: Lord Braid Date:...
Article 6 Fairness Requires Calling an Available Witness: Limits on Police-Statement Hearsay in Children’s Hearings Grounds Proofs Court: Scottish Court of Session, Inner House (Extra Division)...
Article 6 Fairness in Children’s Hearings Referrals: Police-Statement Hearsay Cannot Substitute for Live Evidence Where the Witness Is Available Introduction This Inner House appeal (Appeal by AJ...
Concurrency for a Single Course of Corrupt Procurement Offending: Error in Consecutive Cumulo Sentences and Appellate Re-casting of Totality 1. Introduction In Solemn Appeal against Sentence [2026]...
Section 75(2) Common Good Land: Contractor Licensing as “Disposal” and Pavement Works as “Appropriation”, with Planning Permission as a Supporting Factor 1. Introduction In Petition of Moray Council...
High Threshold for Setting Aside a Will: Independent Advice, Strong-Willed Testator, and No Inference of Undue Influence from Spousal Presence 1) Introduction In Nadeem-Ul Casim Haq and others...
Section 21A Proportionality Is Confined to “Accusation” EAWs: Article 8 and Section 25 Thresholds in Sentence-Enforcement Extradition Court: Appeal Court, High Court of Justiciary (Scotland) Neutral...
Prescription after the 2018 Act: “Awareness” still does not require knowledge of a defect, and remedial works are not an acknowledgement of a damages obligation Court: Outer House, Court of Session |...