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  • Commentaries

Scotland Case Commentaries

Clarifying De Praesenti and Common Property Rights in Land Registration: Analysis of [2021] CSIH 44

Clarifying De Praesenti and Common Property Rights in Land Registration: Analysis of [2021] CSIH 44

Date: Aug 21, 2021
Clarifying De Praesenti and Common Property Rights in Land Registration: Analysis of [2021] CSIH 44 Introduction The case titled Reclaiming Motion by BAM TCP Atlantic Square Ltd against British...
Reforming the Fitness to Practise Procedure: Insights from AB v General Medical Council [2021] ScotCS CSOH_85

Reforming the Fitness to Practise Procedure: Insights from AB v General Medical Council [2021] ScotCS CSOH_85

Date: Aug 19, 2021
Reforming the Fitness to Practise Procedure: Insights from AB v General Medical Council [2021] ScotCS CSOH_85 Introduction The case of AB v General Medical Council ([2021] ScotCS CSOH_85) addresses...
Public Bodies' Obligation to Publish Reports Overrides Claims of Legitimate Expectation: Y v Healthcare Improvement Scotland [2021] ScotCS CSOH_86

Public Bodies' Obligation to Publish Reports Overrides Claims of Legitimate Expectation: Y v Healthcare Improvement Scotland [2021] ScotCS CSOH_86

Date: Aug 19, 2021
Public Bodies' Obligation to Publish Reports Overrides Claims of Legitimate Expectation: Y v Healthcare Improvement Scotland [2021] ScotCS CSOH_86 Introduction The case of Y v Healthcare Improvement...
Rejection of New Forensic Evidence in Rape Convictions: Comprehensive Analysis of [2021] ScotHC HCJAC_38

Rejection of New Forensic Evidence in Rape Convictions: Comprehensive Analysis of [2021] ScotHC HCJAC_38

Date: Aug 18, 2021
Rejection of New Forensic Evidence in Rape Convictions: Comprehensive Analysis of [2021] ScotHC HCJAC_38 Introduction The case of Brian James Meighan, Kevin James Kane, and David Sutherland Pugh...
Distinguishing 'Current' and 'Previous' Overstaying for Lawful Continuous Residence: TOTON MIAH v Home Department [2021] CSOH 84

Distinguishing 'Current' and 'Previous' Overstaying for Lawful Continuous Residence: TOTON MIAH v Home Department [2021] CSOH 84

Date: Aug 18, 2021
Distinguishing 'Current' and 'Previous' Overstaying for Lawful Continuous Residence: TOTON MIAH v Home Department [2021] CSOH 84 Introduction The case of TOTON MIAH against the Secretary of State for...
Procedural Fairness in Prisoner Progression: The George Smith v Scottish Ministers Judgment

Procedural Fairness in Prisoner Progression: The George Smith v Scottish Ministers Judgment

Date: Aug 14, 2021
Procedural Fairness in Prisoner Progression: The George Smith v Scottish Ministers Judgment Introduction The case of George Smith versus Scottish Ministers ([2021] ScotCS CSOH_83) adjudicated by the...
Establishing Undue Influence and Fraudulent Misrepresentation: Comprehensive Commentary on William Lindsay v Outlook Finance Ltd [2021] CSOH 82

Establishing Undue Influence and Fraudulent Misrepresentation: Comprehensive Commentary on William Lindsay v Outlook Finance Ltd [2021] CSOH 82

Date: Aug 13, 2021
Establishing Undue Influence and Fraudulent Misrepresentation: Comprehensive Commentary on William Lindsay v Outlook Finance Ltd [2021] CSOH 82 Introduction The case of William Lindsay v Outlook...
Extension of Time Limits in Judicial Reviews: Insights from [2021] CSOH 81

Extension of Time Limits in Judicial Reviews: Insights from [2021] CSOH 81

Date: Aug 12, 2021
Extension of Time Limits in Judicial Reviews: Insights from Petition of Avaaz Foundation against the Scottish Ministers and Others ([2021] CSOH 81) Introduction The case of Avaaz Foundation vs....
Judicial Review Standards in Asylum Appeal Refusals: Analysis of HMH v Secretary of State for the Home Department [2021] CSIH 43

Judicial Review Standards in Asylum Appeal Refusals: Analysis of HMH v Secretary of State for the Home Department [2021] CSIH 43

Date: Aug 11, 2021
Judicial Review Standards in Asylum Appeal Refusals: Analysis of HMH v Secretary of State for the Home Department [2021] CSIH 43 Introduction The case of HMH v Secretary of State for the Home...
Right of Appeal in EUSS Family Permit Applications: A New Precedent Established by OA v Secretary of State for the Home Department

Right of Appeal in EUSS Family Permit Applications: A New Precedent Established by OA v Secretary of State for the Home Department

Date: Aug 11, 2021
Right of Appeal in EUSS Family Permit Applications: A New Precedent Established by OA v Secretary of State for the Home Department Introduction The case of OA v Secretary of State for the Home...
Ba v Secretary of State for the Home Department: Real Prospect of Success in Judicial Review

Ba v Secretary of State for the Home Department: Real Prospect of Success in Judicial Review

Date: Aug 11, 2021
Ba v Secretary of State for the Home Department: Real Prospect of Success in Judicial Review Introduction In the case of Ba v Secretary of State for the Home Department ([2021] ScotCS CSIH_42), the...
Procedural Fairness in Judicial Review: EnergieKontor UK Ltd v Advocate General for Scotland [2021] CSIH 40

Procedural Fairness in Judicial Review: EnergieKontor UK Ltd v Advocate General for Scotland [2021] CSIH 40

Date: Jul 31, 2021
Procedural Fairness in Judicial Review: EnergieKontor UK Ltd v Advocate General for Scotland [2021] CSIH 40 Introduction The case of EnergieKontor UK Ltd against (First) Advocate General for...
Establishing the Standard for Default Judgments and Medical Certificate Scrutiny in Scottish Law: George Amil and M v Overwaele [2021] CSIH 41

Establishing the Standard for Default Judgments and Medical Certificate Scrutiny in Scottish Law: George Amil and M v Overwaele [2021] CSIH 41

Date: Jul 31, 2021
Establishing the Standard for Default Judgments and Medical Certificate Scrutiny in Scottish Law: George Amil and M v Overwaele [2021] CSIH 41 Introduction The case of George Amil and M v Overwaele...
Rescission Denied in APCOA PARKING (UK) LTD v CROSSLANDS PROPERTIES LTD: Material Breach Not Established

Rescission Denied in APCOA PARKING (UK) LTD v CROSSLANDS PROPERTIES LTD: Material Breach Not Established

Date: Jul 31, 2021
Rescission Denied in APCOA PARKING (UK) LTD v CROSSLANDS PROPERTIES LTD: Material Breach Not Established Introduction The case of APCOA PARKING (UK) LTD against CROSSLANDS PROPERTIES LTD ([2021]...
WPH Developments Ltd v Young & Gault LLP: Defining Awareness in Prescriptive Periods under Section 11(3)

WPH Developments Ltd v Young & Gault LLP: Defining Awareness in Prescriptive Periods under Section 11(3)

Date: Jul 30, 2021
WPH Developments Ltd v Young & Gault LLP: Defining Awareness in Prescriptive Periods under Section 11(3) Introduction The case of WPH Developments Ltd v Young & Gault LLP (In Liquidation) [2021] CSIH...
Affirmation of Standard Security Rights under HBOS Group Reorganisation Act 2006: McLeod v Bank of Scotland PLC [2021] ScotCS CSOH_76

Affirmation of Standard Security Rights under HBOS Group Reorganisation Act 2006: McLeod v Bank of Scotland PLC [2021] ScotCS CSOH_76

Date: Jul 24, 2021
Affirmation of Standard Security Rights under HBOS Group Reorganisation Act 2006: McLeod v Bank of Scotland PLC [2021] ScotCS CSOH_76 Introduction The case of Stewart McLeod against Bank of Scotland...
Assessment of Damages for Loss of Society and Transmissible Solatium in Workplace Fatality Cases: McArthur v Timberbush Tours Ltd [2021] ScotCS CSOH_75

Assessment of Damages for Loss of Society and Transmissible Solatium in Workplace Fatality Cases: McArthur v Timberbush Tours Ltd [2021] ScotCS CSOH_75

Date: Jul 23, 2021
Assessment of Damages for Loss of Society and Transmissible Solatium in Workplace Fatality Cases: McArthur v Timberbush Tours Ltd [2021] ScotCS CSOH_75 Introduction The case of Robert McArthur and...
Rigorous Standards for Lawful Consultations Established in SPP Amendments Judgment (2021) CSOH 74

Rigorous Standards for Lawful Consultations Established in SPP Amendments Judgment (2021) CSOH 74

Date: Jul 22, 2021
Rigorous Standards for Lawful Consultations Established in SPP Amendments Judgment (2021) CSOH 74 Introduction The case of (FIRST) GRAHAM'S THE FAMILY DAIRY AND OTHERS IN THE PETITION OF ELAN HOMES...
Trade Mark Infringement and Territorial Scope of Interim Interdicts: Grant & Sons vs. Lidl

Trade Mark Infringement and Territorial Scope of Interim Interdicts: Grant & Sons vs. Lidl

Date: Jul 21, 2021
Trade Mark Infringement and Territorial Scope of Interim Interdicts: Grant & Sons vs. Lidl Introduction The case of William Grant & Sons Irish Brands Ltd against (First) Lidl Stiftung & Co KG and...
ZR v SPR [2021] CSOH 69: Guiding Principles for Child Residence and Contact Orders under the Children (Scotland) Act 1995

ZR v SPR [2021] CSOH 69: Guiding Principles for Child Residence and Contact Orders under the Children (Scotland) Act 1995

Date: Jul 17, 2021
ZR v SPR [2021] CSOH 69: Guiding Principles for Child Residence and Contact Orders under the Children (Scotland) Act 1995 Introduction The case of ZR v SPR [2021] CSOH 69 adjudicated in the Outer...
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