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  • Commentaries

Scotland Case Commentaries

Scottish Court of Session Establishes New Standards for Electronic Communications Code Applications

Scottish Court of Session Establishes New Standards for Electronic Communications Code Applications

Date: May 8, 2021
Scottish Court of Session Establishes New Standards for Electronic Communications Code Applications Introduction The appeal case titled EE Ltd and Hutchison 3G UK Ltd v John Stewart Duncan ([2021]...
Clarifying Joint Criminal Responsibility in Stalking: Insights from Miller v. Her Majesty's Advocate [2021]

Clarifying Joint Criminal Responsibility in Stalking: Insights from Miller v. Her Majesty's Advocate [2021]

Date: May 7, 2021
Clarifying Joint Criminal Responsibility in Stalking: Insights from Miller v. Her Majesty's Advocate [2021] Introduction The case of Kevin Miller and Lauren Miller against Her Majesty's Advocate...
Insufficient Reasoning in Parole Decisions: Crawford v Parole Board for Scotland

Insufficient Reasoning in Parole Decisions: Crawford v Parole Board for Scotland

Date: May 7, 2021
Insufficient Reasoning in Parole Decisions: Crawford v Parole Board for Scotland Introduction The case of Patrick Crawford v Parole Board for Scotland ([2021] ScotCS CSOH_44) addresses a critical...
Novation and Contractual Obligations in Commercial Relationships: OMI Facilities Ltd v Bellhill Ltd [2021] CSOH_46

Novation and Contractual Obligations in Commercial Relationships: OMI Facilities Ltd v Bellhill Ltd [2021] CSOH_46

Date: May 6, 2021
Novation and Contractual Obligations in Commercial Relationships: OMI Facilities Ltd v Bellhill Ltd [2021] CSOH_46 Introduction The case of OMI Facilities Limited v Bellhill Limited ([2021] CSOH...
Enforceability of Personal Bonds and Limits on Unfair Relationships Under the Consumer Credit Act: Bellhill Ltd v Rajinder Bains

Enforceability of Personal Bonds and Limits on Unfair Relationships Under the Consumer Credit Act: Bellhill Ltd v Rajinder Bains

Date: May 6, 2021
Enforceability of Personal Bonds and Limits on Unfair Relationships Under the Consumer Credit Act: Bellhill Ltd v Rajinder Bains Introduction BELLHILL LTD AGAINST RAJINDER BAINS ([2021] CSOH 48) is a...
Scottish Court of Session Establishes Liability of Bellhill Limited in OMI Management Ltd vs Bellhill Ltd

Scottish Court of Session Establishes Liability of Bellhill Limited in OMI Management Ltd vs Bellhill Ltd

Date: May 6, 2021
Scottish Court of Session Establishes Liability of Bellhill Limited in OMI Management Ltd vs Bellhill Ltd Introduction The case of OMI Management Ltd v Bellhill Ltd ([2021] ScotCS CSOH 47)...
Repetition of Sums in Bellhill Ltd v Rajinder Bains: Establishing Accountability in Hotel Management

Repetition of Sums in Bellhill Ltd v Rajinder Bains: Establishing Accountability in Hotel Management

Date: May 6, 2021
Repetition of Sums in Bellhill Ltd v Rajinder Bains: Establishing Accountability in Hotel Management Introduction The case of Bellhill Limited against Rajinder Bains ([2021] ScotCS CSOH_48)...
Declarators and Legislative Competence: Insights from RECLAIMING MOTION BY MARTIN JAMES KEATINGS AGAINST THE ADVOCATE GENERAL AND ANOTHER ([2021] CSIH 25)

Declarators and Legislative Competence: Insights from RECLAIMING MOTION BY MARTIN JAMES KEATINGS AGAINST THE ADVOCATE GENERAL AND ANOTHER ([2021] CSIH 25)

Date: May 1, 2021
Declarators and Legislative Competence: Insights from RECLAIMING MOTION BY MARTIN JAMES KEATINGS AGAINST THE ADVOCATE GENERAL AND ANOTHER ([2021] CSIH 25) Introduction The case titled Reclaiming...
Validity of Historical Conveyances and Interpretation of Land Boundaries: LeafRealm Land Ltd vs. City of Edinburgh Council and Others

Validity of Historical Conveyances and Interpretation of Land Boundaries: LeafRealm Land Ltd vs. City of Edinburgh Council and Others

Date: May 1, 2021
Validity of Historical Conveyances and Interpretation of Land Boundaries: LeafRealm Land Ltd vs. City of Edinburgh Council and Others Introduction The case of LeafRealm Land Ltd ("the Reclaimer")...
Ensuring Evidential Integrity in Asylum Appeals: ALSHAMMARI v Secretary of State for the Home Department [2021]

Ensuring Evidential Integrity in Asylum Appeals: ALSHAMMARI v Secretary of State for the Home Department [2021]

Date: May 1, 2021
Ensuring Evidential Integrity in Asylum Appeals: ALSHAMMARI v Secretary of State for the Home Department [2021] Introduction The case of APPEAL BY MR SAMI KAREEM ALSHAMMARI AGAINST SECRETARY OF STATE...
Enhancing Sentencing Guidelines for Assaulting Police Officers During a Pandemic

Enhancing Sentencing Guidelines for Assaulting Police Officers During a Pandemic

Date: Apr 28, 2021
Enhancing Sentencing Guidelines for Assaulting Police Officers During a Pandemic Introduction The case of Gordon Dewar and Barry McLean vs. Her Majesty's Advocate ([2021] HCJAC 28) presents...
No Unlawful Conditions on Parole Decisions During Exceptional Circumstances: Analysis of [2021] CSOH 42

No Unlawful Conditions on Parole Decisions During Exceptional Circumstances: Analysis of [2021] CSOH 42

Date: Apr 28, 2021
No Unlawful Conditions on Parole Decisions During Exceptional Circumstances: Analysis of [2021] CSOH 42 Introduction The case Brian Hands v. Parole Board for Scotland ([2021] CSOH 42) presents a...
Liability in Design Contracts: A Comprehensive Analysis of Arbitration Appeal No 1 of 2021

Liability in Design Contracts: A Comprehensive Analysis of Arbitration Appeal No 1 of 2021

Date: Apr 24, 2021
Liability in Design Contracts: A Comprehensive Analysis of Arbitration Appeal No 1 of 2021 Introduction Arbitration Appeal No 1 of 2021 ([2021] ScotCS CSOH_41) is a pivotal case adjudicated by the...
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...
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