Scotland Case Commentaries

Affirmation of Stringent Sentencing for Firearm-Aggravated Murder: Owens v HM Advocate [2022] HCJAC 29

Date: Jul 23, 2022

Affirmation of Stringent Sentencing for Firearm-Aggravated Murder: Owens v HM Advocate [2022] HCJAC 29 Introduction The case of Jordan Ally Donald Owens versus Her Majesty's Advocate ([2022] ScotHC...

Reaffirming the Standards of Fair Notice in Criminal Charges: Insights from [2022] ScotHC HCJAC_42

Date: Jul 22, 2022

Reaffirming the Standards of Fair Notice in Criminal Charges: Insights from [2022] ScotHC HCJAC_42 Introduction The case of HMA Appeal against Brian John Loughlin ([2022] ScotHC HCJAC_42) adjudicated...

Strict Interpretation of Contract Terms in Share Purchase Agreements – Keiron David Paterson v Angelline (Scotland) Ltd

Date: Jul 22, 2022

Strict Interpretation of Contract Terms in Share Purchase Agreements – Keiron David Paterson v Angelline (Scotland) Ltd Introduction The case of Keiron David Paterson against Angelline (Scotland) Ltd...

Formation and Enforceability of Exclusive Supply Contracts: Insights from Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd [2022] CSOH 49

Date: Jul 21, 2022

Formation and Enforceability of Exclusive Supply Contracts: Insights from Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd [2022] CSOH 49 Introduction The case of Supaseal Glass Ltd v...

HHP (FE/LA) v Secretary of State: Judicial Review Standards for Sur Place Activities in Asylum Cases

Date: Jul 16, 2022

HHP (FE/LA) v Secretary of State: Judicial Review Standards for Sur Place Activities in Asylum Cases Introduction The case of HHP (FE/LA) v Secretary of State for the Home Department ([2022] CSOH 48)...

Corroborative Evidence in Assault Convictions: Insights from WM v HMA [2022] ScotHC HCJAC_28

Date: Jul 15, 2022

Corroborative Evidence in Assault Convictions: Insights from WM v HMA [2022] ScotHC HCJAC_28 Introduction The case of WM v Her Majesty's Advocate (HMA) ([2022] ScotHC HCJAC_28) presents a pivotal...

Clarifying the Doctrine of Mutual Corroboration: Insights from [2022] HCJAC 27

Date: Jul 13, 2022

Clarifying the Doctrine of Mutual Corroboration: Insights from [2022] HCJAC 27 Introduction In the landmark case APPEAL AGAINST CONVICTION BY DM AGAINST HMA ([2022] HCJAC 27), the Scottish High Court...

Affirmation of Owners' Sole Authority in Determining Completion under Remedial Works Agreement

Date: Jul 9, 2022

Affirmation of Owners' Sole Authority in Determining Completion under Remedial Works Agreement Introduction The case of Reclaiming Motions by Network Rail Infrastructure Ltd against Fern Trustee 1...

Scottish Court of Session Approves Variation of Trust Purposes under Section 1(1) of the Trusts (Scotland) Act 1961

Date: Jul 6, 2022

Scottish Court of Session Approves Variation of Trust Purposes under Section 1(1) of the Trusts (Scotland) Act 1961 Introduction The case Andrew James Ronald Lindsay and Another as Trustees of the...

Reclaiming Motion by Abdelwahab-Kaba Dafaalla: Reinforcing Local Authorities' Duties Under Section 28 of the Housing (Scotland) Act 1987

Date: Jul 6, 2022

Reclaiming Motion by Abdelwahab-Kaba Dafaalla: Reinforcing Local Authorities' Duties Under Section 28 of the Housing (Scotland) Act 1987 Introduction The case of Reclaiming Motion by Abdelwahab-Kaba...

Prescriptive Periods and Contingent Damnum: Insights from C&L Mair v Mike Dewis Farm Systems Ltd [2022] ScotCS CSOH_47

Date: Jul 2, 2022

Prescriptive Periods and Contingent Damnum: Insights from C&L Mair v Mike Dewis Farm Systems Ltd [2022] ScotCS CSOH_47 Introduction The case of The Firm of C&L Mair against Mike Dewis Farm Systems...

Establishing Causation and Assessing Damages in Clerical Sexual Abuse: Insights from D v The Bishop's Conference of Scotland [2022] ScotCS CSOH_46

Date: Jul 1, 2022

Establishing Causation and Assessing Damages in Clerical Sexual Abuse: Insights from D v The Bishop's Conference of Scotland [2022] ScotCS CSOH_46 Introduction The case of D v The Bishop's Conference...

Admission as Corroborative Evidence in Sexual Abuse Convictions: Analysis of [2022] HCJAC 25

Date: Jun 29, 2022

Admission as Corroborative Evidence in Sexual Abuse Convictions: Analysis of [2022] HCJAC 25 Introduction The case CR v. Her Majesty's Advocate ([2022] HCJAC 25) adjudicated by the Scottish High...

Judicial Review of Petitioner Neil Robertson's Access to Community: Establishing Precedents in Prison Management under the Equality Act 2010

Date: Jun 25, 2022

Judicial Review of Petitioner Neil Robertson's Access to Community: Establishing Precedents in Prison Management under the Equality Act 2010 Introduction The case of Neil Robertson vs. Scottish...

Establishing Honest Practices Defense in Trademark Infringement: The Tomatin Distillery Ltd v Tomatin Trading Company Ltd [2022]

Date: Jun 15, 2022

Establishing Honest Practices Defense in Trademark Infringement: The Tomatin Distillery Ltd v Tomatin Trading Company Ltd [2022] Introduction The case of The Tomatin Distillery Company Ltd versus The...

Permissibility of Docket Inclusion Post-Acquittal: A Comprehensive Analysis of CROWN APPEAL UNDER SECTION 74 BY HMA AGAINST RS ([2022] ScotHC HCJAC_41)

Date: Jun 14, 2022

Permissibility of Docket Inclusion Post-Acquittal: A Comprehensive Analysis of CROWN APPEAL UNDER SECTION 74 BY HMA AGAINST RS ([2022] ScotHC HCJAC_41) Introduction The case CROWN APPEAL UNDER...

Restricting the Crown's Duty of Disclosure to Listed Witnesses: Analysis of [2022] HCJAC 23

Date: Jun 10, 2022

Restricting the Crown's Duty of Disclosure to Listed Witnesses: Analysis of [2022] HCJAC 23 Introduction The case Appeal by MA against Her Majesty's Advocate ([2022] HCJAC 23) deliberated on the...

Procedural Fairness in Asylum Appeals: Insights from MA v Secretary of State for the Home Department [2022] ScotSC CSIH_27

Date: Jun 10, 2022

Procedural Fairness in Asylum Appeals: Insights from MA v Secretary of State for the Home Department [2022] ScotSC CSIH_27 Introduction The case MA v Secretary of State for the Home Department...

Establishing the Credibility Threshold in Fresh Evidence Appeals: Analysis of [2022] HCJAC 20

Date: Jun 1, 2022

Establishing the Credibility Threshold in Fresh Evidence Appeals: Analysis of [2022] HCJAC 20 Introduction The case of GC vs. Her Majesty's Advocate ([2022] HCJAC 20) represents a critical...

W v T [2022] CSOH 44: Employer’s Duty to Employee’s Mental Health in Competence Processes – A Comprehensive Commentary

Date: May 28, 2022

W v T [2022] CSOH 44: Employer’s Duty to Employee’s Mental Health in Competence Processes – A Comprehensive Commentary Introduction In the case of T v W [2022] CSOH 44, the Scottish Court of Session...