Scotland Case Commentaries

Flexible Interpretation of 'Sex' in Census Returns: Insights from Fair Play for Women Ltd v Registrar General for Scotland [2022] CSIH 7

Date: Feb 25, 2022

Flexible Interpretation of 'Sex' in Census Returns: Insights from Fair Play for Women Ltd v Registrar General for Scotland [2022] CSIH 7 Introduction The case of Fair Play for Women Ltd v Registrar...

Judgment Analysis: Pasian v. Secretary of State for the Home Department [2022] ScotCS CSOH_21

Date: Feb 25, 2022

Judgment Analysis: Pasian v. Secretary of State for the Home Department [2022] ScotCS CSOH_21 Introduction The case of Myrna RebuJio Pasian versus the Secretary of State for the Home Department...

Disclosure of Defendant's Financial Capacity: Reclaiming Motion in Astora Women's Health LLC Case

Date: Feb 24, 2022

Disclosure of Defendant's Financial Capacity: Reclaiming Motion in Astora Women's Health LLC Case Introduction The case of Reclaiming Motion by N against Astora Women's Health LLC ([2022] ScotCS...

Balancing Open Justice and Inquiry Integrity: Insights from BBC v Scottish Child Abuse Inquiry [2022]

Date: Feb 24, 2022

Balancing Open Justice and Inquiry Integrity: Insights from BBC v Scottish Child Abuse Inquiry [2022] Introduction The case of The British Broadcasting Corporation (BBC) versus The Scottish Child...

Definition of 'Woman' in Devolved Legislation: A Comprehensive Analysis of Reclaiming Motion by For Women Scotland Limited

Date: Feb 19, 2022

Definition of 'Woman' in Devolved Legislation: A Comprehensive Analysis of Reclaiming Motion by For Women Scotland Limited Introduction The case of Reclaiming Motion by For Women Scotland Limited...

Bonuses Post-Termination: Gavin Loudon v Stewart Milne Group Ltd [2022] ScotCS CSIH_3_2

Date: Feb 19, 2022

Bonuses Post-Termination: Gavin Loudon v Stewart Milne Group Ltd [2022] ScotCS CSIH_3_2 Introduction The case of Gavin Loudon against Stewart Milne Group Limited addresses the entitlement of an...

Enforceability of Loan Agreements and Collateral Promises under Rule 21.2: Insights from Promontoria (Chestnut) Ltd v Ballantyne Property Services [2022] ScotCS CSIH_17

Date: Feb 19, 2022

Enforceability of Loan Agreements and Collateral Promises under Rule 21.2: Insights from Promontoria (Chestnut) Ltd v The Firm of Ballantyne Property Services and Others [2022] ScotCS CSIH_17...

Interpretation of Contractual Waivers in Scot Roads Partnership Project Ltd v The Scottish Ministers

Date: Feb 18, 2022

Interpretation of Contractual Waivers in Scot Roads Partnership Project Ltd v The Scottish Ministers Introduction The case The Scottish Ministers against Scot Roads Partnership Project Ltd and Others...

Sex Question in Scottish Census: Legal Clarifications Post [2022] CSOH 20

Date: Feb 18, 2022

Sex Question in Scottish Census: Legal Clarifications Post [2022] CSOH 20 Introduction The case Fair Play for Women Limited v National Records of Scotland ([2022] ScotCS CSOH_20) addresses...

Judicial Review Reinforces Strict Parameters of Administrative Review in UK Tier 4 Visa Applications

Date: Feb 16, 2022

Judicial Review Reinforces Strict Parameters of Administrative Review in UK Tier 4 Visa Applications Introduction The case of Shamsuddeen Usman Sanusi ([2022] CSOH 18) adjudicated by the Scottish...

Clarifying Mutual Corroboration in Multi-Charge Offenses: Insights from [2022] HCJAC 12

Date: Feb 12, 2022

Clarifying Mutual Corroboration in Multi-Charge Offenses: Insights from [2022] HCJAC 12 Introduction The case of Steven Joseph James Stalley, adjudicated by the Scottish High Court of Justiciary and...

Limitation of Liability in Maintenance Contracts: A Comprehensive Analysis of Benkert UK Ltd v Paint Dispensing Ltd [2022] CSOH 17

Date: Feb 12, 2022

Limitation of Liability in Maintenance Contracts: A Comprehensive Analysis of Benkert UK Ltd v Paint Dispensing Ltd [2022] CSOH 17 Introduction The case of Benkert UK Limited against Paint Dispensing...

Permitting Collateral Use of Documents in Misfeasance Proceedings: Whitehouse v Chief Constable & Anor [2022] ScotCS CSOH_16

Date: Feb 12, 2022

Permitting Collateral Use of Documents in Misfeasance Proceedings: Whitehouse v Chief Constable & Anor [2022] ScotCS CSOH_16 Introduction Case Overview: The case of Whitehouse v Chief Constable &...

Accountability of Attorneys and Executors: Insights from Lesley Currie v Susan Jane Blair ([2022] CSOH 88)

Date: Feb 11, 2022

Accountability of Attorneys and Executors: Insights from Lesley Currie v Susan Jane Blair ([2022] CSOH 88) Introduction The case of Lesley Currie against Susan Jane Blair ([2022] CSOH 88) presents a...

Affirming Thom v HMA: The Binding Nature of the Lord Advocate's Renunciation to Prosecute

Date: Feb 10, 2022

Affirming Thom v HMA: The Binding Nature of the Lord Advocate's Renunciation to Prosecute Introduction The case of HM Advocate (Appellant) v Paul Cooney (Respondent) ([2022] ScotHC HCJAC_10)...

Breach of Natural Justice in Judicial Review: [2022] CSOH 15 Sets New Precedent

Date: Feb 9, 2022

Breach of Natural Justice in Judicial Review: [2022] CSOH 15 Sets New Precedent Introduction The case titled X for Judicial Review of an Undated Decision of the Tribunal ([2022] CSOH 15) was...

Purification of Suspensive Conditions in Lease Agreements: GWR Property Co Ltd v Forrest Outdoor Media Ltd

Date: Feb 4, 2022

Purification of Suspensive Conditions in Lease Agreements: GWR Property Co Ltd v Forrest Outdoor Media Ltd Introduction The case of GWR Property Co Ltd v Forrest Outdoor Media Ltd ([2022] ScotCS...

Enhanced Procedural Fairness in Parole Decisions: O'Leary v Parole Board for Scotland

Date: Feb 3, 2022

Enhanced Procedural Fairness in Parole Decisions: O'Leary v Parole Board for Scotland Introduction The case of Thomas O'Leary v Parole Board for Scotland ([2022] ScotCS CSOH_13) addresses critical...

Mandatory Direction on Accused's Police Interview in Drug Supply Cases: R v Patrick Hattie [2021] ScotHC HCJAC_11

Date: Feb 3, 2022

Mandatory Direction on Accused's Police Interview in Drug Supply Cases: R v Patrick Hattie [2021] ScotHC HCJAC_11 Introduction The case of R v Patrick Hattie ([2021] ScotHC HCJAC_11) marks a...

Guidance on Jury Directions and Miscarriage of Justice: The Hattie Appeal Case

Date: Feb 3, 2022

Guidance on Jury Directions and Miscarriage of Justice: The Hattie Appeal Case Introduction The case of Hattie, Appeal Against Conviction (2022 SCCR 80) was adjudicated by the Scottish High Court of...