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  • Commentaries

Scotland Case Commentaries

Consistent Sentencing in Large-Scale Benefits Fraud: RA v HM Advocate [2021] HCJAC 27

Consistent Sentencing in Large-Scale Benefits Fraud: RA v HM Advocate [2021] HCJAC 27

Date: Apr 24, 2021
Consistent Sentencing in Large-Scale Benefits Fraud: RA v HM Advocate [2021] HCJAC 27 Introduction The case of RA against Her Majesty's Advocate ([2021] HCJAC 27) was adjudicated by the Scottish High...
Significant Shift in Limitation Law for Childhood Abuse Claims: Commentary on B v. Sailors' Society & C v. Sailors' Society ([2021] ScotCS CSOH_62)

Significant Shift in Limitation Law for Childhood Abuse Claims: Commentary on B v. Sailors' Society & C v. Sailors' Society ([2021] ScotCS CSOH_62)

Date: Apr 21, 2021
Significant Shift in Limitation Law for Childhood Abuse Claims: Commentary on B v. Sailors' Society & C v. Sailors' Society ([2021] ScotCS CSOH_62) Introduction The cases of B v. Sailors' Society and...
Binding Certification of Repair Costs Under Lease Agreements: Insights from COAL PENSION PROPERTIES LTD v TECHNIP UK LTD [2021] CSOH 39

Binding Certification of Repair Costs Under Lease Agreements: Insights from COAL PENSION PROPERTIES LTD v TECHNIP UK LTD [2021] CSOH 39

Date: Apr 15, 2021
Binding Certification of Repair Costs Under Lease Agreements: Insights from COAL PENSION PROPERTIES LTD v TECHNIP UK LTD [2021] CSOH 39 Introduction The case of COAL PENSION PROPERTIES LTD vs TECHNIP...
Establishing Fiduciary Liability in Unincorporated Associations: Insights from The Shore Porters' Society of Aberdeen v Brown [2021] ScotCS CSOH_37

Establishing Fiduciary Liability in Unincorporated Associations: Insights from The Shore Porters' Society of Aberdeen v Brown [2021] ScotCS CSOH_37

Date: Apr 14, 2021
Establishing Fiduciary Liability in Unincorporated Associations: Insights from The Shore Porters' Society of Aberdeen v Brown [2021] ScotCS CSOH_37 Introduction The case of The Shore Porters' Society...
Enforceability of Non-Compete Clauses in Recruitment Consultancy: Insights from APEX RESOURCES LTD v Ross MacDougall [2021] ScotCS CSOH_40

Enforceability of Non-Compete Clauses in Recruitment Consultancy: Insights from APEX RESOURCES LTD v Ross MacDougall [2021] ScotCS CSOH_40

Date: Apr 10, 2021
Enforceability of Non-Compete Clauses in Recruitment Consultancy: Insights from APEX RESOURCES LTD v Ross MacDougall [2021] ScotCS CSOH_40 Introduction The case of APEX RESOURCES LTD v Ross...
Establishing 'New Public' Communication in Copyright Infringement: SKY UK v Alex Cherrie [2021] CSOH 36

Establishing 'New Public' Communication in Copyright Infringement: SKY UK v Alex Cherrie [2021] CSOH 36

Date: Apr 7, 2021
Establishing 'New Public' Communication in Copyright Infringement: SKY UK v Alex Cherrie [2021] CSOH 36 Introduction The case of SKY UK LIMITED AGAINST ALEX CHERRIE ([2021] CSOH 36) presented before...
McCulloch v Forth Valley Health Board: Clarifying the Scope of Montgomery and the Application of the Bolitho Test in Medical Negligence

McCulloch v Forth Valley Health Board: Clarifying the Scope of Montgomery and the Application of the Bolitho Test in Medical Negligence

Date: Apr 2, 2021
McCulloch v Forth Valley Health Board: Clarifying the Scope of Montgomery and the Application of the Bolitho Test in Medical Negligence Introduction In the case of Jennifer McCulloch and Others...
BBC v Lady Smith: Defining the Bounds of Restriction Orders and Ensuring Open Justice in Public Inquiries

BBC v Lady Smith: Defining the Bounds of Restriction Orders and Ensuring Open Justice in Public Inquiries

Date: Apr 2, 2021
BBC v Lady Smith: Defining the Bounds of Restriction Orders and Ensuring Open Justice in Public Inquiries Introduction In the case of The British Broadcasting Corporation v The Right Honourable Lady...
Ilia Iliev v Her Majesty's Advocate: Reinforcing Standards for Extradition Under Article 3 of the European Convention

Ilia Iliev v Her Majesty's Advocate: Reinforcing Standards for Extradition Under Article 3 of the European Convention

Date: Apr 1, 2021
Ilia Iliev v Her Majesty's Advocate: Reinforcing Standards for Extradition Under Article 3 of the European Convention Introduction The case of Ilia Iliev v Her Majesty's Advocate ([2021] HCJAC 26)...
Mutual Corroboration in Rape Cases: Insights from Duthie v HM Advocate [2021] HCJAC 23

Mutual Corroboration in Rape Cases: Insights from Duthie v HM Advocate [2021] HCJAC 23

Date: Mar 31, 2021
Mutual Corroboration in Rape Cases: Insights from Duthie v HM Advocate [2021] HCJAC 23 Introduction The case of Mark William Duthie versus Her Majesty's Advocate ([2021] HCJAC 23) adjudicated by the...
Contempt of Court in Protection of Complainers' Anonymity in Scottish Sexual Offense Proceedings

Contempt of Court in Protection of Complainers' Anonymity in Scottish Sexual Offense Proceedings

Date: Mar 26, 2021
Contempt of Court in Protection of Complainers' Anonymity in Scottish Sexual Offense Proceedings Introduction The case of HER MAJESTY'S ADVOCATE against Craig Murray ([2021] HCJ 2) was adjudicated by...
Parole Board for Scotland Recognized as a Court under ECHR Article 5(4)

Parole Board for Scotland Recognized as a Court under ECHR Article 5(4)

Date: Mar 26, 2021
Parole Board for Scotland Recognized as a Court under ECHR Article 5(4) Introduction The case of Paul Hutton against the Parole Board for Scotland and Others ([2021] ScotCS CSOH_34) was heard by the...
Use and Disclosure of Civil Proceedings Documents in Criminal Investigations: New Guidelines Established by Scottish Court of Session

Use and Disclosure of Civil Proceedings Documents in Criminal Investigations: New Guidelines Established by Scottish Court of Session

Date: Mar 25, 2021
Use and Disclosure of Civil Proceedings Documents in Criminal Investigations: New Guidelines Established by Scottish Court of Session 1. Introduction The case of David John Whitehouse against (First)...
Lower Courts Retain Authority to Review Bail Decisions Under Section 30 of the Criminal Procedure (Scotland) Act 1995

Lower Courts Retain Authority to Review Bail Decisions Under Section 30 of the Criminal Procedure (Scotland) Act 1995

Date: Mar 25, 2021
Lower Courts Retain Authority to Review Bail Decisions Under Section 30 of the Criminal Procedure (Scotland) Act 1995 Introduction The judgment in BILL OF ADVOCATION BY JAMES RUSSELL AGAINST HER...
Closure of Places of Worship in Scotland Declared Unlawful: An Analysis of [2021] ScotCS CSOH_32

Closure of Places of Worship in Scotland Declared Unlawful: An Analysis of [2021] ScotCS CSOH_32

Date: Mar 25, 2021
Closure of Places of Worship in Scotland Declared Unlawful: An Analysis of [2021] ScotCS CSOH_32 Introduction In the landmark case of Reverend Dr. William J.U. Philip and Others for Judicial Review...
Judicial Scrutiny in Parole Decisions: Insights from Brown v Parole Board for Scotland [2021] ScotCS CSIH_20

Judicial Scrutiny in Parole Decisions: Insights from Brown v Parole Board for Scotland [2021] ScotCS CSIH_20

Date: Mar 24, 2021
Judicial Scrutiny in Parole Decisions: Insights from Brown v Parole Board for Scotland [2021] ScotCS CSIH_20 Introduction The case of Andrew Brown against the Parole Board for Scotland ([2021] ScotCS...
Scottish Court Upholds Legislative Competence in Gender Representation Measures

Scottish Court Upholds Legislative Competence in Gender Representation Measures

Date: Mar 24, 2021
Scottish Court Upholds Legislative Competence in Gender Representation Measures Introduction In the landmark case For Women Scotland Ltd v The Lord Advocate and The Scottish Ministers ([2021] ScotCS...
Sufficiency of Circumstantial Evidence and Representation Standards in Murder Convictions: Analysis of [2021] HCJAC 22

Sufficiency of Circumstantial Evidence and Representation Standards in Murder Convictions: Analysis of [2021] HCJAC 22

Date: Mar 24, 2021
Sufficiency of Circumstantial Evidence and Representation Standards in Murder Convictions: Analysis of [2021] HCJAC 22 Introduction The case David Scott vs Her Majesty's Advocate ([2021] HCJAC 22)...
Clarifying 'Substantial Sexual Element' under Section 288C(4) of the Criminal Procedure (Scotland) Act 1995

Clarifying 'Substantial Sexual Element' under Section 288C(4) of the Criminal Procedure (Scotland) Act 1995

Date: Mar 20, 2021
Clarifying 'Substantial Sexual Element' under Section 288C(4) of the Criminal Procedure (Scotland) Act 1995 Introduction In the case of Jamie Fisher v HMA ([2022] HCJAC 43), the Scottish High Court...
Reconveyance Obligations under Section 75 Agreements: Granton Central Developments Ltd v City of Edinburgh Council [2021] CSOH 29

Reconveyance Obligations under Section 75 Agreements: Granton Central Developments Ltd v City of Edinburgh Council [2021] CSOH 29

Date: Mar 20, 2021
Reconveyance Obligations under Section 75 Agreements: Granton Central Developments Ltd v City of Edinburgh Council [2021] CSOH 29 Introduction The case of Granton Central Developments Ltd v City of...
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