Scotland Case Commentaries

Interpreting 'Achieved Sales' in Bonus Schemes Amidst Unforeseen Business Surge: MAST Group Ltd v Patricia Chalmers [2022] ScotSC CSOH_43

Date: May 26, 2022

Interpreting 'Achieved Sales' in Bonus Schemes Amidst Unforeseen Business Surge: MAST Group Ltd v Patricia Chalmers [2022] ScotSC CSOH_43 Introduction The case of MAST Group Limited against Patricia...

Defective Legal Representation and DNA Cross-Contamination: A Landmark Judgment by the Scottish High Court of Justiciary

Date: May 26, 2022

Defective Legal Representation and DNA Cross-Contamination: A Landmark Judgment by the Scottish High Court of Justiciary Introduction The case of Kevin Guthrie v. Her Majesty's Advocate ([2022] HCJAC...

Addressing Indirect Discrimination on Grounds of Residence in Criminal Injuries Compensation: Insights from [2022] ScotSC CSOH_41

Date: May 19, 2022

Addressing Indirect Discrimination on Grounds of Residence in Criminal Injuries Compensation: Insights from [2022] ScotSC CSOH_41 Introduction The case A v Criminal Injuries Compensation Authority...

Importance of Expert Causation Evidence in Clinical Negligence: Arlene Chisholm v Grampian Health Board

Date: May 19, 2022

Importance of Expert Causation Evidence in Clinical Negligence: Arlene Chisholm v Grampian Health Board 1. Introduction The case of Arlene Chisholm (Appellant) against Grampian Health Board ([2022]...

Defining Carrier's Agents under the Montreal Convention: easyJet v DRK

Date: May 19, 2022

Defining Carrier's Agents under the Montreal Convention: easyJet v DRK Introduction Colin Mather against (First) easyJet Airline Company Limited and (Second) DRK Hamburg Mediservice gGmbH ([2022]...

Miscarriage of Justice in Withdrawal of Guilty Plea: McGarry [2022] ScotHC HCJAC_18

Date: May 17, 2022

Miscarriage of Justice in Withdrawal of Guilty Plea: McGarry [2022] ScotHC HCJAC_18 Introduction The case of Natalie McGarry represents a significant judicial examination of the circumstances under...

ZA and MN v B and Others [2022] CSOH 38: Prioritizing Child's Best Interests in International Custody Disputes

Date: May 13, 2022

ZA and MN v B and Others [2022] CSOH 38: Prioritizing Child's Best Interests in International Custody Disputes Introduction In the case of ZA and MN v B and Others ([2022] CSOH 38), the Scottish...

Establishing Enhanced Duty of Care for Dive Operators: Commentary on Warner v. Scapa Flow Charters [2022] ScotSC CSIH_25

Date: May 11, 2022

Establishing Enhanced Duty of Care for Dive Operators: Commentary on Warner v. Scapa Flow Charters [2022] ScotSC CSIH_25 Introduction The case of Warner v. Scapa Flow Charters ([2022] ScotSC CSIH_25)...

Beggs v Scottish Legal Aid Board: Establishing Limits on Civil Legal Aid under Article 6 ECHR

Date: May 11, 2022

Beggs v Scottish Legal Aid Board: Establishing Limits on Civil Legal Aid under Article 6 ECHR Introduction The case Beggs against the Scottish Legal Aid Board & Anor ([2022] ScotSC CSIH_24) addresses...

Restricting Direct Appeals to the Court of Session: An Analysis of JK v Argyll and Bute Council [2022] CSIH 23

Date: May 7, 2022

Restricting Direct Appeals to the Court of Session: An Analysis of JK v Argyll and Bute Council [2022] CSIH 23 Introduction The case of JK v Argyll and Bute Council [2022] CSIH 23 addresses critical...

Defining 'Expenses of and Occasioned by the Preparation and Conduct of Proof' in Scottish Divorce Proceedings: McCallion v Banford

Date: May 7, 2022

Defining 'Expenses of and Occasioned by the Preparation and Conduct of Proof' in Scottish Divorce Proceedings: McCallion v Banford Introduction The case of Stephen McCallion against Lorraine Banford...

Severed Ties and Family Reunification: Defining Eligibility under the 2004 Directive in FATUMA MIREMBE (AP) v SSC [2022] CSOH 37

Date: May 7, 2022

Severed Ties and Family Reunification: Defining Eligibility under the 2004 Directive in FATUMA MIREMBE (AP) v SSC [2022] CSOH 37 Introduction The case of Fatuma Mirembi (AP) v The Secretary of State...

Affirmation of Identity Across Alias in Estate Administration: Insights from Tomala and Macandrew (2022)

Date: May 4, 2022

Affirmation of Identity Across Alias in Estate Administration: Insights from Tomala and Macandrew Trustees (2022) Introduction The case of Tomala and Gillespie Macandrew (Trustees) Ltd for Directions...

X Against Glasgow City Council: Establishing Absolute Duty in Homeless Accommodation

Date: Apr 28, 2022

X Against Glasgow City Council: Establishing Absolute Duty in Homeless Accommodation 1. Introduction The case of X Against Glasgow City Council ([2022] ScotSC CSOH_35) addresses a pivotal issue in...

Negligence in Supervision: Insights from A AGAINST B LIMITED & Anor [2022] ScotSC CSOH_34

Date: Apr 28, 2022

Negligence in Supervision: Insights from A AGAINST B LIMITED & Anor [2022] ScotSC CSOH_34 Introduction A AGAINST B LIMITED & Anor is a pivotal case adjudicated by the Scottish Court of Session on...

Procedural Impropriety in Legal Complaints Handling: Beltrami & Co Ltd v Scottish Legal Complaints Commission [2022] ScotSC CSIH_22

Date: Apr 28, 2022

Procedural Impropriety in Legal Complaints Handling: Beltrami & Co Ltd v Scottish Legal Complaints Commission [2022] ScotSC CSIH_22 Introduction The case of Beltrami & Company Limited against...

Interpreting 'Realistic Prospect of Success' under Paragraph 353 in Asylum Claims: Scottish Court Clarifies Standards

Date: Apr 27, 2022

Interpreting 'Realistic Prospect of Success' under Paragraph 353 in Asylum Claims: Scottish Court Clarifies Standards Introduction The case of SM v Secretary of State for the Home Department,...

Appellate Review of Pensions Ombudsman's Determination: Establishing Standards for External Physician Independence

Date: Apr 27, 2022

Appellate Review of Pensions Ombudsman's Determination: Establishing Standards for External Physician Independence Introduction The case of H against MYCSP and Others ([2022] ScotSC CSIH_20) is a...

Right of Tenant to Remove Fixtures Post-Lease: Analysis of David Tanner v E Moss Ltd [2022] CSOH 33

Date: Apr 27, 2022

Right of Tenant to Remove Fixtures Post-Lease: Analysis of David Tanner v E Moss Ltd [2022] CSOH 33 Introduction The case of David Tanner against E Moss Ltd ([2022] CSOH 33) adjudicated by the Outer...

Reaffirmation of Devaseelan Guidelines in Treatment of Subsequent Evidence in Asylum Appeals

Date: Apr 20, 2022

Reaffirmation of Devaseelan Guidelines in Treatment of Subsequent Evidence in Asylum Appeals Introduction The case of Mariwan Quadir Hassan v. Secretary of State for the Home Department ([2022]...