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  • Commentaries

Scotland Case Commentaries

Affirming the Binding Nature of Expert Determinations in Share Purchase Agreements: Eastern Motor Company Ltd v Grassick [2021]

Affirming the Binding Nature of Expert Determinations in Share Purchase Agreements: Eastern Motor Company Ltd v Grassick [2021]

Date: Jan 27, 2021
Affirming the Binding Nature of Expert Determinations in Share Purchase Agreements: Eastern Motor Company Ltd v Grassick [2021] Introduction The case of Eastern Motor Company Ltd v Colin Donald...
Defining Product Defect and Burden of Proof in Medical Device Liability under the Consumer Protection Act 1987: Insights from John Hastings v Finsbury Orthopaedics Ltd and Stryker UK Ltd [2021] ScotCS CSIH_6

Defining Product Defect and Burden of Proof in Medical Device Liability under the Consumer Protection Act 1987: Insights from John Hastings v Finsbury Orthopaedics Ltd and Stryker UK Ltd [2021] ScotCS CSIH_6

Date: Jan 27, 2021
Defining Product Defect and Burden of Proof in Medical Device Liability under the Consumer Protection Act 1987: Insights from John Hastings v Finsbury Orthopaedics Ltd and Stryker UK Ltd [2021]...
Mandatory Adjudication Precondition in Contractual Dispute Resolution: Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSOH 8

Mandatory Adjudication Precondition in Contractual Dispute Resolution: Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSOH 8

Date: Jan 27, 2021
Mandatory Adjudication Precondition in Contractual Dispute Resolution: Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSOH 8 Introduction The case of The Fraserburgh Harbour...
Reaffirmation of Jury Verdict Reasonableness and Proper Docket Handling in Sexual Offence Appeals: Analysis of SB v Her Majesty's Advocate [2021] HCJAC 11

Reaffirmation of Jury Verdict Reasonableness and Proper Docket Handling in Sexual Offence Appeals: Analysis of SB v Her Majesty's Advocate [2021] HCJAC 11

Date: Jan 22, 2021
Reaffirmation of Jury Verdict Reasonableness and Proper Docket Handling in Sexual Offence Appeals: Analysis of SB v Her Majesty's Advocate [2021] HCJAC 11 Introduction The case of SB v Her Majesty's...
Access to Justice Enhanced: Supreme Court Affirms Reasonable Remuneration for Senior Counsel in Permission Hearings

Access to Justice Enhanced: Supreme Court Affirms Reasonable Remuneration for Senior Counsel in Permission Hearings

Date: Jan 22, 2021
Access to Justice Enhanced: Supreme Court Affirms Reasonable Remuneration for Senior Counsel in Permission Hearings Introduction The case of Amir Beroghani v Scottish Legal Aid Board ([2021] CSIH 3)...
Reaffirming the Importance of Genuine Visitor Assessment under Immigration Rules: CL v. Secretary of State for the Home Department [2021] ScotCS CSOH_4

Reaffirming the Importance of Genuine Visitor Assessment under Immigration Rules: CL v. Secretary of State for the Home Department [2021] ScotCS CSOH_4

Date: Jan 21, 2021
Reaffirming the Importance of Genuine Visitor Assessment under Immigration Rules CL v. Secretary of State for the Home Department [2021] ScotCS CSOH_4 1. Introduction The case of CL v. Secretary of...
Procedural Fairness in Legal Complaints: Aberdeen Computer Services Ltd v Scottish Legal Complaints Commission

Procedural Fairness in Legal Complaints: Aberdeen Computer Services Ltd v Scottish Legal Complaints Commission

Date: Jan 21, 2021
Procedural Fairness in Legal Complaints: Aberdeen Computer Services Ltd v Scottish Legal Complaints Commission Introduction The case of Aberdeen Computer Services Ltd v Scottish Legal Complaints...
Judicial Commentary: Petition for Removal of Executors in Campbell v Campbell

Judicial Commentary: Petition for Removal of Executors in Campbell v Campbell

Date: Jan 21, 2021
Judicial Commentary: Petition for Removal of Executors in Campbell v Campbell ([2010] ScotCS CSOH_3) Introduction The case of Campbell v Campbell ([2010] ScotCS CSOH_3) adjudicated by the Scottish...
Secure Accommodation Jurisdiction Affirmed for Under-18 Looked After Children: Reclaiming Motion by L [2021] CSIH 4

Secure Accommodation Jurisdiction Affirmed for Under-18 Looked After Children: Reclaiming Motion by L [2021] CSIH 4

Date: Jan 18, 2021
Secure Accommodation Jurisdiction Affirmed for Under-18 Looked After Children: Reclaiming Motion by L [2021] CSIH 4 Introduction The case of Reclaiming Motion by L against the Principal Reporter of...
Al Megrahi Appeal: Unreasonable Verdict and Non-Disclosure in Lockerbie Case

Al Megrahi Appeal: Unreasonable Verdict and Non-Disclosure in Lockerbie Case

Date: Jan 16, 2021
Al Megrahi Appeal: Unreasonable Verdict and Non-Disclosure in Lockerbie Case 1. Introduction The case of Abdelbaset Ali Mohamed Al Megrahi, the accused in the infamous Lockerbie bombing of Pan Am...
Enforcement of Adjudicator's Decision Under Scrutiny: Barhale Ltd v SP Transmission PLC

Enforcement of Adjudicator's Decision Under Scrutiny: Barhale Ltd v SP Transmission PLC

Date: Jan 13, 2021
Enforcement of Adjudicator's Decision Under Scrutiny: Barhale Ltd v SP Transmission PLC Introduction The case of Barhale Ltd v SP Transmission PLC ([2021] ScotCS CSOH_2) presents a pivotal...
Admissibility of Timing-Based Defense in Child Sexual Offence Cases: Insights from [2022] HCJAC 2 Judgment

Admissibility of Timing-Based Defense in Child Sexual Offence Cases: Insights from [2022] HCJAC 2 Judgment

Date: Jan 13, 2021
Admissibility of Timing-Based Defense in Child Sexual Offence Cases: Insights from [2022] HCJAC 2 Judgment Introduction The case of XY vs. Her Majesty's Advocate ([2022] HCJAC 2) represents a...
Compliance with Procedural Fairness in Fisheries Management: Commentary on THE SCOTTISH CREEL FISHERMAN'S FEDERATION AGAINST THE SCOTTISH MINISTERS ([2021] ScotCS CSOH_1)

Compliance with Procedural Fairness in Fisheries Management: Commentary on THE SCOTTISH CREEL FISHERMAN'S FEDERATION AGAINST THE SCOTTISH MINISTERS ([2021] ScotCS CSOH_1)

Date: Jan 9, 2021
Compliance with Procedural Fairness in Fisheries Management: Commentary on THE SCOTTISH CREEL FISHERMAN'S FEDERATION AGAINST THE SCOTTISH MINISTERS ([2021] ScotCS CSOH_1) Introduction In the case of...
Strict Compliance for Reclaiming Motions in Scottish Court of Session – MW v BW [2021] CSIH1

Strict Compliance for Reclaiming Motions in Scottish Court of Session – MW v BW [2021] CSIH1

Date: Jan 8, 2021
Strict Compliance for Reclaiming Motions in Scottish Court of Session MW (AP) v BW and Others [2021] ScotCS CSIH_1 Introduction The case of MW (AP) v BW and Others ([2021] ScotCS CSIH_1) was...
Assessment of Causal Links and Damage Calculation in Medical Negligence: Conquer v Lothian Health Board

Assessment of Causal Links and Damage Calculation in Medical Negligence: Conquer v Lothian Health Board

Date: Dec 31, 2020
Assessment of Causal Links and Damage Calculation in Medical Negligence: Conquer v Lothian Health Board Introduction The case of Darren John Conquer against Lothian Health Board ([2020] ScotCS...
Strict Enforcement of Adjudicator's Decisions: Insights from D McLaughlin & Sons Ltd v East Ayrshire Council [2020] ScotCS CSOH_109

Strict Enforcement of Adjudicator's Decisions: Insights from D McLaughlin & Sons Ltd v East Ayrshire Council [2020] ScotCS CSOH_109

Date: Dec 31, 2020
Strict Enforcement of Adjudicator's Decisions: Insights from D McLaughlin & Sons Ltd v East Ayrshire Council [2020] ScotCS CSOH_109 Introduction The case of D McLaughlin & Sons Ltd v East Ayrshire...
Judicial Deference in Tribunal Credibility Assessments: Insights from DXL v. Secretary of State for the Home Department [2020]

Judicial Deference in Tribunal Credibility Assessments: Insights from DXL v. Secretary of State for the Home Department [2020]

Date: Dec 24, 2020
Judicial Deference in Tribunal Credibility Assessments: Insights from DXL v. Secretary of State for the Home Department [2020] Introduction The case of DXL v. The Secretary of State for the Home...
Irrational Discrimination in Noise Budget Allocation: The EnergieKontor UK Ltd Case

Irrational Discrimination in Noise Budget Allocation: The EnergieKontor UK Ltd Case

Date: Dec 24, 2020
Irrational Discrimination in Noise Budget Allocation: The EnergieKontor UK Ltd Case Introduction The case of EnergieKontor UK Limited for Judicial Review ([2020] ScotCS CSOH_107) addresses...
Lawfulness of Progression Restrictions for Deported Prisoners Upheld in Scottish Court of Session

Lawfulness of Progression Restrictions for Deported Prisoners Upheld in Scottish Court of Session

Date: Dec 19, 2020
Lawfulness of Progression Restrictions for Deported Prisoners Upheld in Scottish Court of Session Introduction In the landmark case Ye Hao Yan or Li Bin Yan vs. Scottish Ministers ([2020] ScotCS...
Exhaustion of Administrative Review Before Judicial Review: CA v Home Office [2020] ScotCS CSOH_105

Exhaustion of Administrative Review Before Judicial Review: CA v Home Office [2020] ScotCS CSOH_105

Date: Dec 19, 2020
Exhaustion of Administrative Review Before Judicial Review: CA v Home Office [2020] ScotCS CSOH_105 Introduction In the landmark case CA v Secretary of State for the Home Department [2020] ScotCS...
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