Scotland Case Commentaries

Park's of Hamilton v Scottish Football Association: Expanding the Scope of Arbitration Interests

Date: Oct 21, 2021

Park's of Hamilton v Scottish Football Association: Expanding the Scope of Arbitration Interests Introduction The case of Park's of Hamilton (Holdings) Ltd v Scottish Football Association Ltd and...

Establishing Trustee Vicarious Liability for Historic Abuse Claims: Analysis of HUGH KENNEDY v BONNICI et al [2021] ScotCS CSOH_106

Date: Oct 21, 2021

Establishing Trustee Vicarious Liability for Historic Abuse Claims: Analysis of HUGH KENNEDY v BONNICI et al [2021] ScotCS CSOH_106 Introduction The case of Hugh Kennedy against The Right Reverend...

Judicial Commentary: Suspension of Petition Warrant Procedures in [2021] ScotHC HCJAC_45

Date: Oct 20, 2021

Judicial Commentary: Suspension of Petition Warrant Procedures in [2021] ScotHC HCJAC_45 1. Introduction The case Bill of Suspension by Brian Docherty against Her Majesty's Advocate ([2021] ScotHC...

Clarifying the Role of 'Reasonable Belief' in Consent under Scottish Sexual Offences Law

Date: Oct 20, 2021

Clarifying the Role of 'Reasonable Belief' in Consent under Scottish Sexual Offences Law Introduction The case of Raymond Nyiam v Her Majesty's Advocate ([2021] ScotHC HCJAC_44) presents a pivotal...

Tacit Relocation and Lease Continuation: Insights from Rockford Trilogy Ltd vs NCR Ltd [2021] CSIH 56

Date: Oct 19, 2021

Tacit Relocation and Lease Continuation: Insights from Rockford Trilogy Ltd vs NCR Ltd [2021] CSIH 56 Introduction The case of Rockford Trilogy Ltd v NCR Ltd ([2021] CSIH 56) adjudicated by the...

Reclaiming Motion by Paul Vincent Kelly for Judicial Review: Establishing Standards for Defective Representation in the Scottish Criminal Cases Review Commission

Date: Oct 19, 2021

Reclaiming Motion by Paul Vincent Kelly for Judicial Review: Establishing Standards for Defective Representation in the Scottish Criminal Cases Review Commission 1. Introduction This commentary...

SAPPHIRE 16 SARL v MARKS AND SPENCER PLC: Enforcing Keep-Open Obligations in Commercial Leases

Date: Oct 16, 2021

SAPPHIRE 16 SARL v MARKS AND SPENCER PLC: Enforcing Keep-Open Obligations in Commercial Leases Introduction The case of SAPPHIRE 16 SARL (formerly known as Orion IV European 16 SARL) against MARKS...

North Lowther Energy Initiative Ltd v Scottish Ministers: Balancing Renewable Energy with Environmental Preservation

Date: Oct 16, 2021

North Lowther Energy Initiative Ltd v Scottish Ministers: Balancing Renewable Energy with Environmental Preservation Introduction The case of North Lowther Energy Initiative Ltd against Scottish...

Vicarious Liability in Foster Care: Analyzing A v Glasgow City Council [2021] CSOH 102

Date: Oct 14, 2021

Vicarious Liability in Foster Care: Analyzing A v Glasgow City Council [2021] CSOH 102 Introduction The case of A v Glasgow City Council [2021] CSOH 102 is a landmark judgment in Scottish law,...

Contractual Interpretation and Rectification: Insights from Paterson v Angeline (Scotland) Ltd [2021] ScotCS CSOH_101

Date: Oct 13, 2021

Contractual Interpretation and Rectification: Insights from Paterson v Angeline (Scotland) Ltd [2021] ScotCS CSOH_101 Introduction The case of Keiron Paterson Against Angeline (Scotland) Ltd ([2021]...

Balancing Fairness and Public Interest: Court Upholds ARB's Decision to Proceed in Absence of Appellant

Date: Oct 9, 2021

Balancing Fairness and Public Interest: Court Upholds ARB's Decision to Proceed in Absence of Appellant Introduction In the case of James Craigie Tannahil Thomson vs. The Architect Registration Board...

Comprehensive Risk Assessment in Lifelong Sentencing: Insights from AB v Her Majesty's Advocate [2021]

Date: Oct 9, 2021

Comprehensive Risk Assessment in Lifelong Sentencing: Insights from AB v Her Majesty's Advocate [2021] Introduction In the case of AB v Her Majesty's Advocate ([2021] ScotHC HCJAC_43), the appellant,...

Affirmation of Country Guidance’s Authority in Asylum Appeal Decisions: AHT v Secretary of State for the Home Department [2021] ScotCS CSIH_55

Date: Oct 9, 2021

Affirmation of Country Guidance’s Authority in Asylum Appeal Decisions Introduction The case of AHT (Appellant) v Secretary of State for the Home Department ([2021] ScotCS CSIH_55) presents a...

Procedural Compliance Satisfied: Scottish Court Upholds EIA Consent for Vorlich Oil Field Exploitation Despite Greenpeace Appeal

Date: Oct 8, 2021

Procedural Compliance Satisfied: Scottish Court Upholds EIA Consent for Vorlich Oil Field Exploitation Despite Greenpeace Appeal Introduction In the landmark case of Greenpeace Ltd v Advocate General...

Enforcing Contractual Dispute Resolution: Insights from Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSIH 58

Date: Oct 7, 2021

Enforcing Contractual Dispute Resolution: Insights from Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSIH 58 Introduction The case of Fraserburgh Harbour Commissioners v...

Establishing the 'Loss of a Chance' Principle in Insolvency Administration: The Rangers FC Liquidation Case

Date: Oct 7, 2021

Establishing the 'Loss of a Chance' Principle in Insolvency Administration: The Rangers FC Liquidation Case Introduction The case of JAMES STEPHEN AND ANOTHER AS JOINT LIQUIDATORS OF RFC 2012 PLC FOR...

Protection Against Bad Faith Trade Mark Registrations: Tomatin Distillery v Tomatin Trading Company [2021]

Date: Oct 7, 2021

Protection Against Bad Faith Trade Mark Registrations: Tomatin Distillery v Tomatin Trading Company [2021] Introduction The case of Tomatin Distillery Company Ltd v Tomatin Trading Company ([2021]...

Enforcement of Good Faith Obligations under NEC3: The Van Oord UK Ltd v Dragados UK Ltd Judgment

Date: Oct 6, 2021

Enforcement of Good Faith Obligations under NEC3: The Van Oord UK Ltd v Dragados UK Ltd Judgment Introduction The case of Van Oord UK Ltd v Dragados UK Ltd ([2021] ScotCS CSIH_50) addresses critical...

Revisiting Asylum and Child Welfare: Insights from the Scottish Court of Session in ZA and MN Pursuers and Reclaimers vs. Secretary of State for the Home Department [2021]

Date: Oct 6, 2021

Revisiting Asylum and Child Welfare: Insights from the Scottish Court of Session in ZA and MN Pursuers and Reclaimers vs. Secretary of State for the Home Department [2021] Introduction The case of ZA...

Reaffirmation of the Second Appeals Test in Asylum Cases: Analysis of BFH v Secretary of State for the Home Department [2021] CSIH 51

Date: Oct 6, 2021

Reaffirmation of the Second Appeals Test in Asylum Cases: Analysis of BFH v Secretary of State for the Home Department [2021] CSIH 51 Introduction The case BFH v Secretary of State for the Home...