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  • Commentaries

Scotland Case Commentaries

Refugee Entitlement to Backdated Child Tax Credits Amid Universal Credit Transition – [2021] CSOH 63

Refugee Entitlement to Backdated Child Tax Credits Amid Universal Credit Transition – [2021] CSOH 63

Date: Jun 16, 2021
Refugee Entitlement to Backdated Child Tax Credits Amid Universal Credit Transition – [2021] CSOH 63 Introduction The case of Ali Adnan and Mrs. Saima Adnan versus Her Majesty's Revenue and Customs...
Survival of Performance Bonus Schemes Post-Termination: Insights from Gavin Loudon vs Stewart Milne Group Ltd [2021] CSOH 61

Survival of Performance Bonus Schemes Post-Termination: Insights from Gavin Loudon vs Stewart Milne Group Ltd [2021] CSOH 61

Date: Jun 12, 2021
Survival of Performance Bonus Schemes Post-Termination: Insights from Gavin Loudon vs Stewart Milne Group Ltd [2021] CSOH 61 Introduction The case of Gavin Loudon against Stewart Milne Group Limited...
Establishing Credibility in Asylum Claims: FI (AP) v. Secretary of State for Home Department [2021] CSIH 31

Establishing Credibility in Asylum Claims: FI (AP) v. Secretary of State for Home Department [2021] CSIH 31

Date: Jun 12, 2021
Establishing Credibility in Asylum Claims: FI (AP) v. Secretary of State for Home Department [2021] CSIH 31 Introduction The case of FI (AP) v. Secretary of State for the Home Department ([2021] CSIH...
Reverse Onus Standard in Negligent Driving Cases with Prior Guilty Pleas: Insights from Cameron v Swan ([2021] ScotCS CSIH_30)

Reverse Onus Standard in Negligent Driving Cases with Prior Guilty Pleas: Insights from Cameron v Swan ([2021] ScotCS CSIH_30)

Date: Jun 11, 2021
Reverse Onus Standard in Negligent Driving Cases with Prior Guilty Pleas Insights from Cameron v Swan ([2021] ScotCS CSIH_30) Introduction The case of Samuel Cameron against Martin Swan and Another...
Criminal Nature of Contempt Proceedings in Scottish Law Confirmed in HMA vs Murray

Criminal Nature of Contempt Proceedings in Scottish Law Confirmed in HMA vs Murray

Date: Jun 9, 2021
Criminal Nature of Contempt Proceedings in Scottish Law Confirmed in HMA vs Murray Introduction The case of Her Majesty's Advocate vs. Craig Murray ([2021] HCJ 3) adjudicated by the Scottish High...
Ciarrocca v Ciarrocca: Establishing Grounds for Executor Removal Due to Malversation

Ciarrocca v Ciarrocca: Establishing Grounds for Executor Removal Due to Malversation

Date: Jun 3, 2021
Ciarrocca v Ciarrocca: Establishing Grounds for Executor Removal Due to Malversation Introduction Ciarrocca v Ciarrocca [2021] CSOH 59 is a landmark judgment by the Scottish Court of Session that...
Res Judicata Affirmed in Interdict Proceedings: Martin Wilson v Welsh; MBS Solicitors [2021]

Res Judicata Affirmed in Interdict Proceedings: Martin Wilson v Welsh; MBS Solicitors [2021]

Date: Jun 2, 2021
Res Judicata Affirmed in Interdict Proceedings: Martin Wilson v Welsh; MBS Solicitors [2021] Introduction The case of Martin Wilson v Welsh; MBS Solicitors ([2021] ScotCS CSOH_58) before the Scottish...
Scottish Court of Session Establishes New Precedent on Early Release of Foreign National Prisoners

Scottish Court of Session Establishes New Precedent on Early Release of Foreign National Prisoners

Date: Jun 2, 2021
Scottish Court of Session Establishes New Precedent on Early Release of Foreign National Prisoners Introduction The case of Harpreet Singh v Scottish Ministers ([2021] CSOH 57) presents a significant...
Right to Self-Directed Support Choices under the Social Care (Self-Directed Support) (Scotland) Act 2013: Andrew Lennon v NHS Highland

Right to Self-Directed Support Choices under the Social Care (Self-Directed Support) (Scotland) Act 2013: Andrew Lennon v NHS Highland

Date: May 29, 2021
Right to Self-Directed Support Choices under the Social Care (Self-Directed Support) (Scotland) Act 2013: Andrew Lennon v NHS Highland Introduction In the case of Andrew Lennon against NHS Highland...
Establishing Unfair Advantage in Trade Mark Infringement: Grant & Sons v Lidl [2021] CSOH 55

Establishing Unfair Advantage in Trade Mark Infringement: Grant & Sons v Lidl [2021] CSOH 55

Date: May 26, 2021
Establishing Unfair Advantage in Trade Mark Infringement: Grant & Sons v Lidl [2021] CSOH 55 1. Introduction The case of William Grant & Sons Irish Brands Limited v Lidl Stiftung & Co KG and Others...
Expansion of HCCI Debt Interpretation in Intercreditor Agreements Under [2021] ScotCS CSOH_53

Expansion of HCCI Debt Interpretation in Intercreditor Agreements Under [2021] ScotCS CSOH_53

Date: May 22, 2021
Expansion of HCCI Debt Interpretation in Intercreditor Agreements Under [2021] ScotCS CSOH_53 Introduction The case of HCC International Insurance Company PLC against The Scottish Ministers ([2021]...
Rectification of Security Documents to Reflect True Debtor: UK Agricultural Lending Ltd v Hamilton Orr Limited [2021] CSOH 54

Rectification of Security Documents to Reflect True Debtor: UK Agricultural Lending Ltd v Hamilton Orr Limited [2021] CSOH 54

Date: May 22, 2021
Rectification of Security Documents to Reflect True Debtor: UK Agricultural Lending Ltd v Hamilton Orr Limited [2021] CSOH 54 Introduction The case of UK Agricultural Lending Limited versus Hamilton...
Interpretation of Schedule 10 Anti-Avoidance Provisions under the Value Added Tax Act 1994: The Mouldsdale Properties Case

Interpretation of Schedule 10 Anti-Avoidance Provisions under the Value Added Tax Act 1994: The Mouldsdale Properties Case

Date: May 21, 2021
Interpretation of Schedule 10 Anti-Avoidance Provisions under the Value Added Tax Act 1994: The Mouldsdale Properties Case Introduction The case of David Mouldsdale, trading as Mouldsdale Properties...
Regulating Parental Contact Post-Divorce Amidst Conflicting Allegations of Abuse: An Analysis of SM v AN [2021] ScotCS CSOH_60

Regulating Parental Contact Post-Divorce Amidst Conflicting Allegations of Abuse: An Analysis of SM v AN [2021] ScotCS CSOH_60

Date: May 20, 2021
Regulating Parental Contact Post-Divorce Amidst Conflicting Allegations of Abuse: An Analysis of SM v AN [2021] ScotCS CSOH_60 Introduction The case of SM against AN ([2021] ScotCS CSOH_60) presents...
Certification of Skilled Persons and Additional Charges in Judicial Proceedings: Analysis of [2021] CSOH 52

Certification of Skilled Persons and Additional Charges in Judicial Proceedings: Analysis of [2021] CSOH 52

Date: May 20, 2021
Certification of Skilled Persons and Additional Charges in Judicial Proceedings: Analysis of [2021] CSOH 52 Introduction The case of Reverend Dr William JU Philip and Others vs. The Scottish...
Kelly v SCCRC [2021]: Clarifying the Boundaries of Defective Representation in Scottish Criminal Appeals

Kelly v SCCRC [2021]: Clarifying the Boundaries of Defective Representation in Scottish Criminal Appeals

Date: May 19, 2021
Kelly v Scottish Criminal Cases Review Commission [2021] CSOH 51: Clarifying the Boundaries of Defective Representation in Scottish Criminal Appeals Introduction The case of Paul Vincent Kelly v...
Self-Defence Exclusion in Criminal Conviction: Morrison v. Her Majesty's Advocate [2021]

Self-Defence Exclusion in Criminal Conviction: Morrison v. Her Majesty's Advocate [2021]

Date: May 14, 2021
Self-Defence Exclusion in Criminal Conviction: Morrison v. Her Majesty's Advocate [2021] Introduction The case of Aaron Robert Dines known as Morrison versus Her Majesty's Advocate was adjudicated in...
Reaffirmation of Section 238(1) of the Local Government (Scotland) Act 1947: Comprehensive Commentary on [2021] CSIH 28

Reaffirmation of Section 238(1) of the Local Government (Scotland) Act 1947: Comprehensive Commentary on [2021] CSIH 28

Date: May 12, 2021
Reaffirmation of Section 238(1) of the Local Government (Scotland) Act 1947: Comprehensive Commentary on [2021] CSIH 28 Introduction The case of Brian Philp v. Highland Council ([2021] CSIH 28)...
Clarifying Tacit Relocation: Insights from Rockford Trilogy Ltd vs NCR Ltd [2021] CSOH 49

Clarifying Tacit Relocation: Insights from Rockford Trilogy Ltd vs NCR Ltd [2021] CSOH 49

Date: May 8, 2021
Clarifying Tacit Relocation: Insights from Rockford Trilogy Ltd vs NCR Ltd [2021] CSOH 49 Introduction The case of Rockford Trilogy Ltd vs NCR Ltd ([2021] CSOH 49) adjudicated by the Scottish Court...
Establishing Habitual Residence Under the Hague Convention: Insights from ML v. JH [2021] ScotCS CSOH_50

Establishing Habitual Residence Under the Hague Convention: Insights from ML v. JH [2021] ScotCS CSOH_50

Date: May 8, 2021
Establishing Habitual Residence Under the Hague Convention: Insights from ML v. JH [2021] ScotCS CSOH_50 Introduction The case ML v. JH ([2021] ScotCS CSOH_50) adjudicated by the Scottish Court of...
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