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  • Commentaries

Scotland Case Commentaries

Trustee Fiduciary Duties and Ombudsman Protocols Confirmed in SIPP Mismanagement Appeal – Neil Cunningham v Namulas Pension Trustees Ltd [2020] ScotCS CSIH_73

Trustee Fiduciary Duties and Ombudsman Protocols Confirmed in SIPP Mismanagement Appeal – Neil Cunningham v Namulas Pension Trustees Ltd [2020] ScotCS CSIH_73

Date: Dec 19, 2020
Trustee Fiduciary Duties and Ombudsman Protocols Confirmed in SIPP Mismanagement Appeal – Neil Cunningham v Namulas Pension Trustees Ltd [2020] ScotCS CSIH_73 Introduction The case of Neil Cunningham...
Jurisdictional Challenges in Adjudicator Decision Enforcement: Insights from HochTief Solutions AG v Maspero Elevatori S.p.A

Jurisdictional Challenges in Adjudicator Decision Enforcement: Insights from HochTief Solutions AG v Maspero Elevatori S.p.A

Date: Dec 18, 2020
Jurisdictional Challenges in Adjudicator Decision Enforcement: Insights from HochTief Solutions AG v Maspero Elevatori S.p.A [2020] ScotCS CSOH_102 Introduction The case of (FIRST) HochTief Solutions...
Establishing and Challenging Servitude Rights in Scottish Property Law: Commentary on MAJOR DOUGLAS SOULSBY AGAINST RICHARD JONES AND ANOTHER ([2020] CSOH 103)

Establishing and Challenging Servitude Rights in Scottish Property Law: Commentary on MAJOR DOUGLAS SOULSBY AGAINST RICHARD JONES AND ANOTHER ([2020] CSOH 103)

Date: Dec 18, 2020
Establishing and Challenging Servitude Rights in Scottish Property Law: Commentary on MAJOR DOUGLAS SOULSBY AGAINST RICHARD JONES AND ANOTHER ([2020] CSOH 103) Introduction The case of MAJOR DOUGLAS...
Gratuitous Receipt as Basis for Constructive Trusts in Scottish Law: Commentary on THE JOINT BANKRUPTCY TRUSTEES OF GREGORY KING AGAINST HUGH KING

Gratuitous Receipt as Basis for Constructive Trusts in Scottish Law: Commentary on THE JOINT BANKRUPTCY TRUSTEES OF GREGORY KING AGAINST HUGH KING

Date: Dec 17, 2020
Gratuitous Receipt as Basis for Constructive Trusts in Scottish Law: Commentary on THE JOINT BANKRUPTCY TRUSTEES OF GREGORY KING AGAINST HUGH KING ([2020] ScotCS CSOH_101) Introduction The case of...
Set-Off Rights in Insolvency: RBS Public Ltd v Donnelly Establishes Precedent on Trust Deed Reduction

Set-Off Rights in Insolvency: RBS Public Ltd v Donnelly Establishes Precedent on Trust Deed Reduction

Date: Dec 17, 2020
Set-Off Rights in Insolvency: RBS Public Ltd v Donnelly Establishes Precedent on Trust Deed Reduction Introduction The case of The Royal Bank of Scotland Public Limited Company v (First) Mrs Alison...
Rectification of Sub-Lease Agreements Under Scottish Law: Limits of Non-Binding Preliminary Agreements

Rectification of Sub-Lease Agreements Under Scottish Law: Limits of Non-Binding Preliminary Agreements

Date: Dec 16, 2020
Rectification of Sub-Lease Agreements Under Scottish Law: Limits of Non-Binding Preliminary Agreements Introduction The case of Briggs of Burton PLC against Doosan Babcock Ltd ([2020] ScotCS...
Clarifying the Application of Section 27 in Landfill Tax Contracts: Analyzing [2020] CSOH 99

Clarifying the Application of Section 27 in Landfill Tax Contracts: Analyzing [2020] CSOH 99

Date: Dec 16, 2020
Clarifying the Application of Section 27 in Landfill Tax Contracts: Analyzing [2020] CSOH 99 Introduction The case of FIFE RESOURCE SOLUTIONS LLP versus ROBERTSON METALS RECYCLING LIMITED ([2020]...
Judicial Deference to Executive Discretion in COVID-19 Restriction Decisions: Commentary on (FIRST) KLR & RCR INTERNATIONAL LTD v The Scottish Ministers [2020] CSOH 98

Judicial Deference to Executive Discretion in COVID-19 Restriction Decisions: Commentary on (FIRST) KLR & RCR INTERNATIONAL LTD v The Scottish Ministers [2020] CSOH 98

Date: Dec 12, 2020
Judicial Deference to Executive Discretion in COVID-19 Restriction Decisions: Commentary on (FIRST) KLR & RCR INTERNATIONAL LTD v The Scottish Ministers [2020] CSOH 98 Introduction The case of...
Defining Family Life under Article 8 ECHR in Immigration Cases: Analysis of Pieterse v Secretary of State for the Home Department [2020] ScotCS CSOH_97

Defining Family Life under Article 8 ECHR in Immigration Cases: Analysis of Pieterse v Secretary of State for the Home Department [2020] ScotCS CSOH_97

Date: Dec 5, 2020
Defining Family Life under Article 8 ECHR in Immigration Cases: Analysis of Pieterse v Secretary of State for the Home Department [2020] ScotCS CSOH_97 Introduction The case of Ferdinand Petrus...
Comprehensive Commentary on Mark Conway v Her Majesty's Advocate [2020] HCJAC 48

Comprehensive Commentary on Mark Conway v Her Majesty's Advocate [2020] HCJAC 48

Date: Nov 29, 2020
Assessing Sentence Appropriateness in Financial Fraud: The Mark Conway Case [2020] HCJAC 48 Introduction The case of Mark Conway v Her Majesty's Advocate ([2020] HCJAC 48) presents a significant...
Confirmation of Full Satisfaction Principle in Scottish Law: Kidd v Lime Rock Management LLP [2020]

Confirmation of Full Satisfaction Principle in Scottish Law: Kidd v Lime Rock Management LLP [2020]

Date: Nov 28, 2020
Confirmation of Full Satisfaction Principle in Scottish Law: Kidd v Lime Rock Management LLP [2020] Introduction Case: Robert Gordon Kidd against Lime Rock Management LLP and others ([2020] ScotCS...
Competency of Reclaiming Motions in Judicial Review: Insights from Booth and Philp v Highland Council

Competency of Reclaiming Motions in Judicial Review: Insights from Booth and Philp v Highland Council

Date: Nov 26, 2020
Competency of Reclaiming Motions in Judicial Review: Insights from Booth and Philp v Highland Council Introduction The case of Booth and Philp v Highland Council ([2013] CSIH 70) presents a...
Procedural Fairness in Visit Visa Applications: Insights from GK v Secretary of State for the Home Department [2020] CSIH_69

Procedural Fairness in Visit Visa Applications: Insights from GK v Secretary of State for the Home Department [2020] CSIH_69

Date: Nov 25, 2020
Procedural Fairness in Visit Visa Applications: Insights from GK v Secretary of State for the Home Department [2020] CSIH_69 Introduction The case of GK against the Secretary of State for the Home...
Reaffirming Procurement Principles: OLM Systems Ltd v Fife Council [2020]

Reaffirming Procurement Principles: OLM Systems Ltd v Fife Council [2020]

Date: Nov 25, 2020
Reaffirming Procurement Principles: OLM Systems Ltd v Fife Council [2020] Introduction The case of OLM Systems Ltd against Fife Council ([2020] ScotCS CSOH_95) presented a critical examination of the...
Appropriation of Business Opportunities and Auditing of Judicial Expenses: Insights from CJC Media (Scotland) Ltd v Kenneth Sinclair [2020]

Appropriation of Business Opportunities and Auditing of Judicial Expenses: Insights from CJC Media (Scotland) Ltd v Kenneth Sinclair [2020]

Date: Nov 21, 2020
Appropriation of Business Opportunities and Auditing of Judicial Expenses: Insights from CJC Media (Scotland) Ltd v Kenneth Sinclair [2020] Introduction The case of CJC Media (Scotland) Ltd against...
Public Interest Immunity and Fairness in Criminal Appeals: The Megrahi Case

Public Interest Immunity and Fairness in Criminal Appeals: The Megrahi Case

Date: Nov 21, 2020
Public Interest Immunity and Fairness in Criminal Appeals: The Megrahi Case Introduction The case of Abdelbaset Ali Mohamed Megrahi, widely known for his conviction in the Lockerbie bombing, has been...
Unlawful Delay in Asylum Decisions: A Comprehensive Analysis of AS v Advocate General for Scotland [2020] CSOH 94

Unlawful Delay in Asylum Decisions: A Comprehensive Analysis of AS v Advocate General for Scotland [2020] CSOH 94

Date: Nov 20, 2020
Unlawful Delay in Asylum Decisions: A Comprehensive Analysis of AS v Advocate General for Scotland [2020] CSOH 94 Introduction The case of AS v Advocate General for Scotland ([2020] CSOH 94) serves...
Reaffirming the Duty of Disclosure and Upholding Public Confidence: X v General Dental Council

Reaffirming the Duty of Disclosure and Upholding Public Confidence: X v General Dental Council

Date: Nov 18, 2020
Reaffirming the Duty of Disclosure and Upholding Public Confidence: X v General Dental Council Introduction The case of X v General Dental Council ([2020] ScotCS CSIH_71) presents a critical...
Affirmation of Defense Counsel Discretion in Upholding Fair Trial Standards: Grimason v HM Advocate [2020] HCJAC 53

Affirmation of Defense Counsel Discretion in Upholding Fair Trial Standards: Grimason v HM Advocate [2020] HCJAC 53

Date: Nov 18, 2020
Affirmation of Defense Counsel Discretion in Upholding Fair Trial Standards: Grimason v HM Advocate [2020] HCJAC 53 Introduction The case of Colin Grimason against Her Majesty’s Advocate ([2020]...
Prescriptive Periods and EU Competition Law: Landmark Ruling in Glasgow City Council v VFS Financial Services

Prescriptive Periods and EU Competition Law: Landmark Ruling in Glasgow City Council v VFS Financial Services

Date: Nov 12, 2020
Prescriptive Periods and EU Competition Law: Landmark Ruling in Glasgow City Council v VFS Financial Services Introduction The case of Glasgow City Council Against VFS Financial Services and Others...
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