Scotland Case Commentaries

Awarding Judicial Review Expenses in Unopposed Immigration Cases: Insights from OA v Secretary of State for the Home Department [2022] CSOH 1

Date: Jan 8, 2022

Awarding Judicial Review Expenses in Unopposed Immigration Cases: Insights from OA v Secretary of State for the Home Department [2022] CSOH 1 Introduction The case of OA v Secretary of State for the...

Kelman v Moray Council: Expanding Equitable Relief in Asbestos Exposure Claims under Section 19A

Date: Dec 25, 2021

Kelman v Moray Council: Expanding Equitable Relief in Asbestos Exposure Claims under Section 19A Introduction The case of John Kelman against Moray Council ([2021] ScotCS CSOH_131) revolves around...

Establishing Procedural Fairness in Administrative Assessments: Insights from the Scottish Creel Fishermen's Federation v Scottish Ministers [2021] ScotCS CSIH_68

Date: Dec 24, 2021

Establishing Procedural Fairness in Administrative Assessments: Insights from the Scottish Creel Fishermen's Federation v Scottish Ministers [2021] ScotCS CSIH_68 Introduction The case of Scottish...

Establishing Cross-Border Protocols for Child Placement: City of Wolverhampton Council v The Lord Advocate & Anor ([2021] CSIH 69)

Date: Dec 24, 2021

Establishing Cross-Border Protocols for Child Placement Introduction The case City of Wolverhampton Council v The Lord Advocate & Anor ([2021] CSIH 69) addresses the complexities involved in...

VAT Implications on Lease Termination: Vengrove Ltd v Kuehne + Nagel Ltd [2021]

Date: Dec 23, 2021

VAT Implications on Lease Termination: Vengrove Ltd v Kuehne + Nagel Ltd [2021] Introduction The case of Vengrove Ltd against Kuehne + Nagel Ltd ([2021] ScotCS CSOH_129) adjudicated by the Scottish...

Restricting Similar Fact Evidence in Civil Jury Trials: EG v The Fettes Trust

Date: Dec 23, 2021

Restricting Similar Fact Evidence in Civil Jury Trials: EG v The Fettes Trust Introduction The case of EG against The Governors of The Fettes Trust ([2021] ScotCS CSOH_128) was adjudicated in the...

Apportionment of Responsibility in Medical Negligence: The Almond-Roots v Eljamel and NHS Tayside Judgment

Date: Dec 22, 2021

Apportionment of Responsibility in Medical Negligence: The Almond-Roots v Eljamel and NHS Tayside Judgment Introduction The legal landscape surrounding medical negligence often grapples with the...

Limitations on Contribution Claims Following Settlement: Insights from Loretto Housing Association Ltd v Cruden Building & Renewals Ltd [2021] CSOH 127

Date: Dec 22, 2021

Limitations on Contribution Claims Following Settlement: Insights from Loretto Housing Association Ltd v Cruden Building & Renewals Ltd [2021] CSOH 127 Introduction The legal landscape governing...

Reaffirming the Finality of Contractual Expert Determinations: Eastern Motor Co Ltd v Grassick et al [2021] CSIH_67

Date: Dec 18, 2021

Reaffirming the Finality of Contractual Expert Determinations: Eastern Motor Co Ltd v Grassick et al [2021] CSIH_67 Introduction The case of Eastern Motor Company Ltd v Grassick et al [2021] CSIH_67,...

Middlesea Insurance v Morrison: Reinforcing Sovereign Immunity in Public Regulatory Functions

Date: Dec 17, 2021

Middlesea Insurance v Morrison: Reinforcing Sovereign Immunity in Public Regulatory Functions Introduction The case of Simon Morrison against Middlesea Insurance PLC and another ([2021] CSOH 126)...

Time Bar Enforcement under Section 27A of the Court of Session Act 1988: Insights from O'Neill and Lauchlan v Scottish Ministers [2021] ScotCS CSIH_66

Date: Dec 16, 2021

Time Bar Enforcement under Section 27A of the Court of Session Act 1988: Insights from O'Neill and Lauchlan v Scottish Ministers [2021] ScotCS CSIH_66 Introduction The case of Charles O'Neill and...

Interpretation of Insurance Obligations and Tenant's Repair Duties in Commercial Leases: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_124

Date: Dec 15, 2021

Interpretation of Insurance Obligations and Tenant's Repair Duties in Commercial Leases: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_124 Introduction The case of PACCOR...

Clarifying Tenant's "Enjoyment" in Lease Termination: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_125

Date: Dec 15, 2021

Clarifying Tenant's "Enjoyment" in Lease Termination: Insights from PACCOR UK Ltd v United UK PropCo 8 SARL [2021] ScotCS CSOH_125 Introduction The case of PACCOR UK Limited (the pursuer) versus...

Affirmation of Ministerial Discretion in Resource Allocation for Rehabilitation Programs in [2021] ScotCS CSOH_123

Date: Dec 15, 2021

Affirmation of Ministerial Discretion in Resource Allocation for Rehabilitation Programs in [2021] ScotCS CSOH_123 Introduction The case at hand involves a judicial review petition filed by Mr....

Affirmation of Reasonable Explanation Requirement for New Evidence in Rape Conviction Appeals in Scotland

Date: Dec 9, 2021

Affirmation of Reasonable Explanation Requirement for New Evidence in Rape Conviction Appeals in Scotland Introduction The case of Dylan Williamson and Kiara-Lee Gallagher ([2021] ScotHC HCJAC_50)...

The Significance of Final Certificates and Interim Payment Notices in Construction Contracts: Insights from D McLaughlin & Sons Ltd v East Ayrshire Council [2021] CSOH 122

Date: Dec 8, 2021

The Significance of Final Certificates and Interim Payment Notices in Construction Contracts: Insights from D McLaughlin & Sons Ltd v East Ayrshire Council [2021] CSOH 122 Introduction The case of D...

Incompetency of Nobile Officium in Concurrent Criminal and Referral Proceedings: Insights from SU v Scottish Government Legal Directorate [2021] ScotCS CSIH_65

Date: Dec 8, 2021

Incompetency of Nobile Officium in Concurrent Criminal and Referral Proceedings: Insights from SU v Scottish Government Legal Directorate [2021] ScotCS CSIH_65 Introduction The case of SU v Scottish...

Disclosure Obligations under Share Purchase Agreements: Insights from Andrew Marr International Ltd v John Tait and Others [2021] CSOH 121

Date: Dec 4, 2021

Disclosure Obligations under Share Purchase Agreements: Insights from Andrew Marr International Ltd v John Tait and Others [2021] CSOH 121 Introduction The case of Andrew Marr International Ltd...

Reaffirming the Objective Test for Sexual Assault: Ferguson v. Her Majesty's Advocate [2021] ScotHC HCJAC_51

Date: Dec 3, 2021

Reaffirming the Objective Test for Sexual Assault: Ferguson v. Her Majesty's Advocate [2021] ScotHC HCJAC_51 1. Introduction The case of Ferguson v. Her Majesty's Advocate ([2021] ScotHC HCJAC_51)...

Causation and Pre-existing Conditions in Workplace Injury Claims: Fenrir Thorvaldsen v Dundee City Council

Date: Dec 3, 2021

Causation and Pre-existing Conditions in Workplace Injury Claims: Fenrir Thorvaldsen v Dundee City Council [2021] CSOH 120 Introduction The case of Fenrir Thorvaldsen against Dundee City Council...