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  • Commentaries

Scotland Case Commentaries

Spontaneity No Shield: The “Farquhar Benchmark” on Punishment Parts for Knife-Murders Aggravated by Post-Offence Conduct

Spontaneity No Shield: The “Farquhar Benchmark” on Punishment Parts for Knife-Murders Aggravated by Post-Offence Conduct

Date: Aug 2, 2025
Spontaneity No Shield: The “Farquhar Benchmark” on Punishment Parts for Knife-Murders Aggravated by Post-Offence Conduct 1. Introduction In John Farquhar v. HMA ([2025] HCJAC 36) the Scottish Appeal...
Glass v HM Advocate (2025):  Implied Admissions, Jury Common-Sense, and the Limits of Mandatory Directions

Glass v HM Advocate (2025): Implied Admissions, Jury Common-Sense, and the Limits of Mandatory Directions

Date: Jul 30, 2025
Glass v HM Advocate (2025): Implied Admissions, Jury Common-Sense, and the Limits of Mandatory Directions Introduction The Scottish High Court of Justiciary, sitting as a three-judge Appeal Court,...
Parent-Company Support as a Defence to Diligence on the Dependence: Commentary on Mermaid Subsea Services (UK) Ltd v James Fisher Offshore Ltd [2025] CSOH 68

Parent-Company Support as a Defence to Diligence on the Dependence: Commentary on Mermaid Subsea Services (UK) Ltd v James Fisher Offshore Ltd [2025] CSOH 68

Date: Jul 30, 2025
Parent-Company Support as a Defence to Diligence on the Dependence In-Depth Commentary on Mermaid Subsea Services (UK) Ltd v James Fisher Offshore Ltd [2025] CSOH 68, Court of Session (Outer House)...
Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH for Orders under the Child Abduction and Custody Act 1985 [2025] CSOH 67

Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH for Orders under the Child Abduction and Custody Act 1985 [2025] CSOH 67

Date: Jul 26, 2025
Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH [2025] CSOH 67 1. Introduction In DBH for orders under the...
“No Ejection Necessary” – The Court of Session Clarifies Local Authorities’ Immediate Duty to Accommodate Children under s 25(1)(c) of the Children (Scotland) Act 1995

“No Ejection Necessary” – The Court of Session Clarifies Local Authorities’ Immediate Duty to Accommodate Children under s 25(1)(c) of the Children (Scotland) Act 1995

Date: Jul 24, 2025
“No Ejection Necessary” – The Court of Session Clarifies Local Authorities’ Immediate Duty to Accommodate Children under s 25(1)(c) of the Children (Scotland) Act 1995 1. Introduction The Outer House...
“Final Means Final” — Lord Sandison’s Definitive Construction of s 11A(4)(a) TCEA 2007 on Late Upper Tribunal Applications

“Final Means Final” — Lord Sandison’s Definitive Construction of s 11A(4)(a) TCEA 2007 on Late Upper Tribunal Applications

Date: Jul 22, 2025
“Final Means Final” — Lord Sandison’s Definitive Construction of s 11A(4)(a) TCEA 2007 on Late Upper Tribunal Applications Introduction The Outer House of the Court of Session, in Petition of Mohamed...
Adams v HMA: The “Materiality Threshold” for Late Disclosure & Desertion in Scottish Criminal Trials

Adams v HMA: The “Materiality Threshold” for Late Disclosure & Desertion in Scottish Criminal Trials

Date: Jul 21, 2025
Adams v HMA: The “Materiality Threshold” for Late Disclosure & Desertion in Scottish Criminal Trials Introduction The Scottish High Court of Justiciary in Adams v HMA ([2025] HCJAC 30) has delivered...
“Pre-Incident Duty of Care to Vulnerable Service Users” — A Commentary on NM v Henderson & Scottish Ambulance Service [2025] CSIH 22

“Pre-Incident Duty of Care to Vulnerable Service Users” — A Commentary on NM v Henderson & Scottish Ambulance Service [2025] CSIH 22

Date: Jul 21, 2025
“Pre-Incident Duty of Care to Vulnerable Service Users” Commentary on NM v (1) Henderson & (2) Scottish Ambulance Service [2025] CSIH 22 1. Introduction In NM v Henderson & Scottish Ambulance Service...
Disentangling Allegation Information from Risk Assessments: The Beggs Principle on Parole Board “Irrelevant Considerations”

Disentangling Allegation Information from Risk Assessments: The Beggs Principle on Parole Board “Irrelevant Considerations”

Date: Jul 16, 2025
Disentangling Allegation Information from Risk Assessments: The Beggs Principle on Parole Board “Irrelevant Considerations” Introduction In William Frederick Ian Beggs v Parole Board for Scotland...
Statutory Group Procedure Supersedes Common-Law Restrictions on Joint & Several Pleadings: Commentary on Paul Bell v Volvo & Others [2025] CSOH 64

Statutory Group Procedure Supersedes Common-Law Restrictions on Joint & Several Pleadings: Commentary on Paul Bell v Volvo & Others [2025] CSOH 64

Date: Jul 16, 2025
Statutory Group Procedure Supersedes Common-Law Restrictions on Joint & Several Pleadings: Commentary on Paul Bell v Volvo Car Corporation & Others [2025] CSOH 64 1. Introduction Paul Bell sought (i)...
“Constraint Benefits” Re-defined:  PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases

“Constraint Benefits” Re-defined: PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases

Date: Jul 15, 2025
“Constraint Benefits” Re-defined: PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases 1. Introduction In Glenfiddich Wind Ltd v Dorenell Windfarm Ltd ([2025]...
Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases

Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases

Date: Jul 15, 2025
Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases Introduction The Inner House of the Court of Session in Caledonia...
Bench Technology and Procedural Fairness: The UV Decision on Judges’ Limited Use of Electronic Devices During Evidence

Bench Technology and Procedural Fairness: The UV Decision on Judges’ Limited Use of Electronic Devices During Evidence

Date: Jul 10, 2025
Bench Technology and Procedural Fairness: UV v Locality Reporter Manager & WX ([2025] CSIH 19) — A New Touchstone on Judicial In-Court Use of Electronic Devices 1. Introduction The Inner House of the...
“Apparent” Means Plainly Visible:  Ruby Properties (Scotland) Ltd v Watt and the Limits of Companies-House Disclosure

“Apparent” Means Plainly Visible: Ruby Properties (Scotland) Ltd v Watt and the Limits of Companies-House Disclosure

Date: Jul 10, 2025
“Apparent” Means Plainly Visible: The New Threshold for General Disclosure in Share-Purchase Agreements Introduction In Ruby Properties (Scotland) Ltd (formerly ARB Aviation Ltd) v James Alistair...
Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction

Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction

Date: Jul 10, 2025
Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction 1. Introduction Citation: Rocep-Lusol Holdings Ltd v Lindal Dispenser GmbH (First...
“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) v. Glasgow City Council

“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) v. Glasgow City Council

Date: Jul 9, 2025
“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) for Judicial Review [2025] CSOH 60 1. Introduction The Outer House of the Scottish Court of Session, per Lord Lake,...

    Shulman v. City of Edinburgh Council (2025):  Affirming Broad Local-Authority Discretion over Long-Term-Empty Council-Tax Discounts and the High Threshold for Tribunal Appeals

Shulman v. City of Edinburgh Council (2025): Affirming Broad Local-Authority Discretion over Long-Term-Empty Council-Tax Discounts and the High Threshold for Tribunal Appeals

Date: Jul 5, 2025
Shulman v. City of Edinburgh Council (Upper Tribunal – Local Taxation Chamber, 2025): Affirming Broad Local-Authority Discretion over Long-Term-Empty Council-Tax Discounts and the High Threshold for...
Avoiding “Free Crimes”: Consecutive Sentencing and Headline Tariffs for Domestically-Aggravated Attempted Murder – Commentary on HMA v Budge [2025] HCJAC 27

Avoiding “Free Crimes”: Consecutive Sentencing and Headline Tariffs for Domestically-Aggravated Attempted Murder – Commentary on HMA v Budge [2025] HCJAC 27

Date: Jul 5, 2025
Avoiding “Free Crimes”: Consecutive Sentencing and Headline Tariffs for Domestically-Aggravated Attempted Murder – Commentary on HMA v Budge [2025] HCJAC 27 1. Introduction In HM Advocate v Budge the...
Voluntary Conveyance ≠ Custody: Child Locks and Limited Disclosure Do Not Create De Facto Arrest (J K‑P v HMA [2025] HCJAC 49)

Voluntary Conveyance ≠ Custody: Child Locks and Limited Disclosure Do Not Create De Facto Arrest (J K‑P v HMA [2025] HCJAC 49)

Date: Jul 3, 2025
Voluntary Conveyance ≠ Custody: Child Locks and Limited Disclosure Do Not Create De Facto Arrest Case: Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995 by J K‑P against His...
“Sheridan v Glasgow” and the Outer House’s Re-Drawing of the Supervisory Boundary for Pre-Contractual Employment Decisions

“Sheridan v Glasgow” and the Outer House’s Re-Drawing of the Supervisory Boundary for Pre-Contractual Employment Decisions

Date: Jun 30, 2025
“Sheridan v Glasgow” and the Outer House’s Re-Drawing of the Supervisory Boundary for Pre-Contractual Employment Decisions 1. Introduction The decision of Lord Young in Petition of Thomas Sheridan...
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