Scotland Case Commentaries

Admissibility of Collateral Evidence in Section 275 Applications: MP v Her Majesty's Advocate [2021] HCJAC 48

Date: Dec 1, 2021

Admissibility of Collateral Evidence in Section 275 Applications: MP v Her Majesty's Advocate [2021] HCJAC 48 Introduction The case of MP v Her Majesty's Advocate ([2021] HCJAC 48) addresses critical...

Cabot Financial (UK) Ltd v Weir: Success Fees in Agent and Client Taxations

Date: Dec 1, 2021

Cabot Financial (UK) Ltd v Weir: Success Fees in Agent and Client Taxations 1. Introduction The case of Cabot Financial (UK) Ltd v Catherine Weir ([2021] CSIH 64) adjudicated by the Scottish Court of...

Undermining Evidence Disclosure: A Comprehensive Analysis of JSC v Her Majesty's Advocate [2021] HCJAC 49

Date: Nov 26, 2021

Undermining Evidence Disclosure: A Comprehensive Analysis of JSC v Her Majesty's Advocate [2021] HCJAC 49 Introduction The case of JSC v Her Majesty's Advocate [2021] HCJAC 49, adjudicated by the...

Delegation of Responsibility for Unexplained Wealth Orders: Insights from Avaaz Foundation v Scottish Ministers [2021]

Date: Nov 26, 2021

Delegation of Responsibility for Unexplained Wealth Orders: Insights from Avaaz Foundation v Scottish Ministers [2021] Introduction In the case of Avaaz Foundation v Scottish Ministers ([2021] ScotCS...

Enforceability of Arbitration Clauses in Pension Trust Deeds: Insights from Morton v British Polar Engines Ltd [2021]

Date: Nov 24, 2021

Enforceability of Arbitration Clauses in Pension Trust Deeds: Insights from Morton v British Polar Engines Ltd [2021] Introduction The case Peter Morton and Others against British Polar Engines Ltd...

Reaffirming the Exclusionary Rule in Contract Construction: Dragados (UK) Ltd v DC Eifeket Aggregates AS [2021] CSOH 117

Date: Nov 17, 2021

Reaffirming the Exclusionary Rule in Contract Construction: Dragados (UK) Ltd v DC EIFEKET Aggregates AS [2021] CSOH 117 Introduction The case of Dragados (UK) Ltd (the pursuer) versus DC EIFEKET...

Refusal of Judicial Review in Asylum Claims: Insights from COF (AP) v Secretary of State for the Home Department [2021]

Date: Nov 17, 2021

Refusal of Judicial Review in Asylum Claims: Insights from COF (AP) v Secretary of State for the Home Department [2021] Introduction The case of COF (AP) v Secretary of State for the Home Department...

Competency of Statutory Appeal Procedure in Local Development Plan Challenges: Cosmopolitan Hotels Ltd v Renfrewshire Council [2021] ScotCS CSOH_116

Date: Nov 10, 2021

Competency of Statutory Appeal Procedure in Local Development Plan Challenges: Cosmopolitan Hotels Ltd v Renfrewshire Council [2021] ScotCS CSOH_116 Introduction The case of Cosmopolitan Hotels Ltd v...

Equitable Division of Matrimonial Property in Long-Term Marriages: Edith Bradbury v Thomas Bradbury [2021] ScotCS CSOH_113

Date: Nov 6, 2021

Equitable Division of Matrimonial Property in Long-Term Marriages: Edith Bradbury v Thomas Bradbury [2021] ScotCS CSOH_113 Introduction The case of Edith Margaret (known as Margaret) Turkington...

Judgment Commentary: Tien Thuy Hoang v Office of the Advocate General [2021] ScotCS CSOH_114

Date: Nov 6, 2021

Tien Thuy Hoang v Office of the Advocate General: Establishing Standards for Judicial Review of Upper Tribunal Decisions Introduction The case of Tien Thuy Hoang v Office of the Advocate General...

Sisting Court Actions Pending Adjudication: Insights from Greater Glasgow Health Board v Multiplex Construction Europe Ltd

Date: Nov 6, 2021

Sisting Court Actions Pending Adjudication: Insights from Greater Glasgow Health Board v Multiplex Construction Europe Ltd Introduction The case of Greater Glasgow Health Board v Multiplex...

Strengthening Protection Measures in Domestic Abuse Cases: Insights from GRPW v Her Majesty's Advocate [2021] HCJAC 47

Date: Nov 5, 2021

Strengthening Protection Measures in Domestic Abuse Cases: Insights from GRPW v Her Majesty's Advocate [2021] HCJAC 47 Introduction The case of GRPW v Her Majesty's Advocate [2021] HCJAC 47...

Remuneration on Unlawful Termination: Crimond Estates Ltd vs Mile End Developments Ltd [2021] ScotCS CSIH_60

Date: Oct 30, 2021

Remuneration on Unlawful Termination: Crimond Estates Ltd vs Mile End Developments Ltd [2021] ScotCS CSIH_60 Introduction The case of Crimond Estates Limited (hereinafter referred to as the...

Judicial Precedent Established in Orkney Marine Farms Ltd v Lord Advocate and Scottish Ministers [2021]

Date: Oct 30, 2021

Orkney Marine Farms Ltd v Lord Advocate and Scottish Ministers [2021] CSOH 112: Reinforcing the Precautionary Principle in Marine Environmental Regulation Introduction The case of Orkney Marine Farms...

Police Scotland's Duty to Disclose Information to Regulatory Bodies Without Court Orders: Expense Liability Affirmed

Date: Oct 27, 2021

Police Scotland's Duty to Disclose Information to Regulatory Bodies Without Court Orders: Expense Liability Affirmed Introduction The case of The General Teaching Council for Scotland against The...

Scottish Court of Session Clarifies Fairness in Unfair Prejudice Claims Within Quasi-Partnership Companies

Date: Oct 27, 2021

Scottish Court of Session Clarifies Fairness in Unfair Prejudice Claims Within Quasi-Partnership Companies Introduction In the landmark case Charles Martin v Thomas Hughes and Others ([2021] ScotCS...

Extended Sentencing for High-Risk Sexual Offenders: Insights from McCarthy Appeal

Date: Oct 27, 2021

Extended Sentencing for High-Risk Sexual Offenders: Insights from McCarthy Appeal Introduction The case of Her Majesty's Advocate v. Michael McCarthy ([2021] ScotHC HCJAC_46) represents a pivotal...

Contractual Interpretation in Multi-Party Remedial Works Agreements: Network Rail Infrastructure Ltd v Fern Trustee

Date: Oct 22, 2021

Contractual Interpretation in Multi-Party Remedial Works Agreements: Network Rail Infrastructure Ltd v Fern Trustee Introduction The case of Network Rail Infrastructure Ltd against (First) Fern...

Judgment in Trees for Life v NatureScot: Ensuring Due Reasons in Lethal Control Licensing under the Habitats Directive

Date: Oct 22, 2021

Judgment in Trees for Life v NatureScot: Ensuring Due Reasons in Lethal Control Licensing under the Habitats Directive Introduction The case of Trees for Life versus NatureScot ([2021] CSOH 108)...

Integri Consultants Ltd v Midlothian Council: New Insights into the Doctrine of Approbate and Reprobate

Date: Oct 21, 2021

Integri Consultants Ltd v Midlothian Council: New Insights into the Doctrine of Approbate and Reprobate 1. Introduction The case of Integri Consultants Ltd against Midlothian Council ([2021] ScotCS...