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  • Commentaries

Scotland Case Commentaries

Statutory Baseline in Community Care: Local Authorities’ Duty to Independently Meet Assessed Needs Before Third-Party Supplementation

Statutory Baseline in Community Care: Local Authorities’ Duty to Independently Meet Assessed Needs Before Third-Party Supplementation

Date: Apr 18, 2025
Statutory Baseline in Community Care: Local Authorities’ Duty to Independently Meet Assessed Needs Before Third-Party Supplementation Introduction In Jodie Taylor for Judicial Review ([2025] CSOH...
Disapplication of Bright-Line “Relevant Person” Status in Children’s Hearings to Protect Article 8 Rights

Disapplication of Bright-Line “Relevant Person” Status in Children’s Hearings to Protect Article 8 Rights

Date: Apr 16, 2025
Disapplication of Bright-Line “Relevant Person” Status in Children’s Hearings to Protect Article 8 Rights 1. Introduction This commentary discusses the Inner House decision in Reclaiming Motion by A...
Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen

Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen

Date: Apr 11, 2025
Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen Introduction Dragados UK Limited (“the Pursuer”) sued the Port of Aberdeen (“the Defender”)...
Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36

Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36

Date: Apr 9, 2025
Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36 Introduction In the Outer House of the Scottish Court of Session, Lord Colbeck delivered the opinion in Louise...
Pre‑Application Planning Advice Is Not a Justiciable Decision: Millar v South Ayrshire Council [2025] CSOH 35

Pre‑Application Planning Advice Is Not a Justiciable Decision: Millar v South Ayrshire Council [2025] CSOH 35

Date: Apr 5, 2025
Pre‑Application Planning Advice Is Not a Justiciable Decision: Millar v South Ayrshire Council [2025] CSOH 35 Introduction This judgment from the Outer House of the Court of Session (Lord Richardson)...
Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies

Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies

Date: Apr 4, 2025
Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies Introduction The Judgment issued by the Scottish Court of Session on 1 April 2025 in the case...
Judicial Clarification on the Fixed Provisional Date under the 2009 NHS (Pharmaceutical Services) Regulations

Judicial Clarification on the Fixed Provisional Date under the 2009 NHS (Pharmaceutical Services) Regulations

Date: Apr 2, 2025
Judicial Clarification on the Fixed Provisional Date under the 2009 NHS (Pharmaceutical Services) Regulations Introduction The case of Petition of Burns Pharmacy Ltd for Judicial Review ([2025] CSOH...
The Binding Effect of Contractual Limitations on Expert Valuations in Third‐Party Delict Claims

The Binding Effect of Contractual Limitations on Expert Valuations in Third‐Party Delict Claims

Date: Apr 2, 2025
The Binding Effect of Contractual Limitations on Expert Valuations in Third‐Party Delict Claims Introduction In the case of Mark Ellison Coulter against Anderson, Anderson & Brown LLP ([2025] CSOH...
Equal Division Prevails in Matrimonial Property Amid Special Circumstances: A Commentary on Hodge v Hodge/Currie [2025] CSOH 31

Equal Division Prevails in Matrimonial Property Amid Special Circumstances: A Commentary on Hodge v Hodge/Currie [2025] CSOH 31

Date: Mar 31, 2025
Equal Division Prevails in Matrimonial Property Amid Special Circumstances: A Commentary on Hodge v Hodge/Currie [2025] CSOH 31 Introduction The Judgment in Ian George Johnstone Hodge against Rachel...
Clarifying the Non-Liveness of Reasonable Belief in Consent under the 2009 Sexual Offences Act

Clarifying the Non-Liveness of Reasonable Belief in Consent under the 2009 Sexual Offences Act

Date: Mar 27, 2025
Clarifying the Non-Liveness of Reasonable Belief in Consent under the 2009 Sexual Offences Act Introduction This commentary examines the appellate decision delivered on 25 March 2025 by the Scottish...
Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing

Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing

Date: Mar 25, 2025
Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing Introduction The case before the Scottish High Court of Justiciary, "Appeal against Sentence by RH against HMA ([2025]...
Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings

Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings

Date: Mar 25, 2025
Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings Introduction The judgment in Iain Urquhart v Stellantis Auto SAS and others by the Scottish Court of...
Enhanced Discovery and Narrowed Witness Disclosure in Group Proceedings: New Guidance from William Mackie v Mercedes-Benz

Enhanced Discovery and Narrowed Witness Disclosure in Group Proceedings: New Guidance from William Mackie v Mercedes-Benz

Date: Mar 19, 2025
Enhanced Discovery and Narrowed Witness Disclosure in Group Proceedings: New Guidance from William Mackie v Mercedes-Benz Introduction The judgment in William Mackie against Mercedes-Benz Group...
Recalibrating Sentencing for Violent Murders: A New Precedent on Unduly Lenient Punishment Parts

Recalibrating Sentencing for Violent Murders: A New Precedent on Unduly Lenient Punishment Parts

Date: Mar 14, 2025
Recalibrating Sentencing for Violent Murders: A New Precedent on Unduly Lenient Punishment Parts Introduction The judgment in Crown Appeal against Sentence by HMA against Christopher David Brown...
Comprehensive Commentary on Loss of Chance and Causation in Aerotoxic Syndrome Litigation

Comprehensive Commentary on Loss of Chance and Causation in Aerotoxic Syndrome Litigation

Date: Mar 14, 2025
Comprehensive Commentary on Loss of Chance and Causation in Aerotoxic Syndrome Litigation Introduction This commentary provides an in‐depth analysis of the judgment concerning claims brought by two...
New Precedent on Protective Assessments in International Child Abduction Cases: Balancing Grave Risks and Protective Measures

New Precedent on Protective Assessments in International Child Abduction Cases: Balancing Grave Risks and Protective Measures

Date: Mar 13, 2025
New Precedent on Protective Assessments in International Child Abduction Cases: Balancing Grave Risks and Protective Measures Introduction The judgment under review, delivered by Lady Carmichael at...
Establishing the “Loss of a Chance” Principle in Settlement Negotiations under Professional Negligence: The Amie McCann v Harper Macleod Case

Establishing the “Loss of a Chance” Principle in Settlement Negotiations under Professional Negligence: The Amie McCann v Harper Macleod Case

Date: Mar 13, 2025
Establishing the “Loss of a Chance” Principle in Settlement Negotiations under Professional Negligence Introduction The case of Amie McCann against Harper Macleod, adjudicated by the Court of Session...
Redefining Ombudsman Jurisdiction over Academic Discrimination Complaints

Redefining Ombudsman Jurisdiction over Academic Discrimination Complaints

Date: Mar 13, 2025
Redefining Ombudsman Jurisdiction over Academic Discrimination Complaints Introduction The judgment, AB against the Scottish Public Services Ombudsman (Court of Session) [2025] CSIH 8, delivered on...
Clarifying the Extent of a Reporter’s Remit: Exhaustion of Jurisdiction and Value Assignment in Lease Repair Disputes

Clarifying the Extent of a Reporter’s Remit: Exhaustion of Jurisdiction and Value Assignment in Lease Repair Disputes

Date: Mar 12, 2025
Clarifying the Extent of a Reporter’s Remit: Exhaustion of Jurisdiction and Value Assignment in Lease Repair Disputes Introduction The case of Rutland Court Real Estate against Anderson Strathern LLP...
Clarifying the Duality: The Unlawfulness of Conflating Refusal and Cancellation of Leave to Enter in UK Immigration Law

Clarifying the Duality: The Unlawfulness of Conflating Refusal and Cancellation of Leave to Enter in UK Immigration Law

Date: Mar 4, 2025
Clarifying the Duality: The Unlawfulness of Conflating Refusal and Cancellation of Leave to Enter in UK Immigration Law Introduction In the recent judgment of Jones Owusu for Judicial Review ([2025]...
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