Scotland Case Commentaries

Limits of Joint and Several Liability in Contract Amendments: Equorium Property Co Ltd v ScottishPower Energy Retail Ltd ([2021] ScotCS CSOH_98)

Date: Oct 2, 2021

Limits of Joint and Several Liability in Contract Amendments: Equorium Property Co Ltd v ScottishPower Energy Retail Ltd ([2021] ScotCS CSOH_98) Introduction The case of ScottishPower Energy Retail...

Scottish Court of Session Establishes Precedent on Child Relocation in Asylum Cases

Date: Oct 2, 2021

Scottish Court of Session Establishes Precedent on Child Relocation in Asylum Cases Introduction In the case of MR H against MRS W ([2021] ScotCS CSOH_97), the Scottish Court of Session addressed a...

Employer Liability and Foreseeability in Equestrian Accidents: A Comprehensive Commentary on Milly Morrison v James Oakden [2021] CSOH 96

Date: Sep 30, 2021

Employer Liability and Foreseeability in Equestrian Accidents: A Comprehensive Commentary on Milly Morrison v James Oakden [2021] CSOH 96 Introduction The case of Milly Morrison against James Oakden...

Scots Court Upholds Rule in Gibbs: Limits of Recognizing Foreign Moratorium in Cross-Border Insolvency

Date: Sep 25, 2021

Scots Court Upholds Rule in Gibbs: Limits of Recognizing Foreign Moratorium in Cross-Border Insolvency Introduction The judgment in PETITION OF CHANG CHIN FEN AGAINST COSCO SHIPPING (QIDONG) OFFSHORE...

Establishing Limits on Prescriptive Servitudes: Insights from RECLAIMING MOTION BY MAJOR DOUGLAS BOWRING SOULSBY AGAINST RICHARD JAMES JONES AND ANOTHER [2021] ScotCS CSIH_48

Date: Sep 23, 2021

Establishing Limits on Prescriptive Servitudes: Insights from Reclaiming Motion by Major Douglas Bowring Soulby against Richard James Jones and Another [2021] ScotCS CSIH_48 Introduction The case of...

Extension of Trial Time Limits in Sexual Offence Cases: Analysis of [2022] HCJAC 1

Date: Sep 18, 2021

Extension of Trial Time Limits in Sexual Offence Cases: Analysis of [2022] HCJAC 1 Introduction The case Her Majesty's Advocate v. Neil Thomas George Graham ([2022] HCJAC 1) presents a pivotal...

Ministerial Decision-Making and the Boundaries of Delegated Powers: A Comprehensive Analysis of North Lanarkshire BioPower Ltd v Scottish Ministers [2021] ScotCS CSIH_47

Date: Sep 15, 2021

Ministerial Decision-Making and the Boundaries of Delegated Powers: A Comprehensive Analysis of North Lanarkshire BioPower Ltd v Scottish Ministers [2021] ScotCS CSIH_47 Introduction The case of...

Mandate on Design Statements in Conservation Areas: Westend Residents CIC v Dundee City Council

Date: Sep 11, 2021

Mandate on Design Statements in Conservation Areas: Westend Residents CIC v Dundee City Council ([2021] ScotCS CSOH_93) Introduction The case of Westend Residents CIC v Dundee City Council ([2021]...

Validating CCTV and Comparative Database Identification: Insights from Orr v Her Majesty's Advocate [2021] HCJAC 42

Date: Sep 11, 2021

Validating CCTV and Comparative Database Identification: Insights from Orr v Her Majesty's Advocate [2021] HCJAC 42 Introduction The case of Gary Orr v Her Majesty's Advocate [2021] HCJAC 42...

Executor's Discretion in Legacy Distribution: Insights from VINDEX Trustees Ltd v Court of Session

Date: Sep 4, 2021

Executor's Discretion in Legacy Distribution: Insights from VINDEX Trustees Ltd v Court of Session Introduction The case of VINDEX Trustees Ltd for Directions under Section 6 of the Court of Session...

Duty of Dive Boat Operators to Assess and Mitigate Risks: Warner v Scapa Flow Charters

Date: Sep 4, 2021

Duty of Dive Boat Operators to Assess and Mitigate Risks: Warner v Scapa Flow Charters Introduction The case of Debbie Warner v Scapa Flow Charters ([2021] ScotCS CSOH_92) adjudicated by the Scottish...

Judicial Review Upholds Graduated Release Strategy in Parole Decisions

Date: Sep 4, 2021

Judicial Review Upholds Graduated Release Strategy in Parole Decisions Introduction The case of Dean Ryan challenges a decision made by the Scottish Parole Board, which denied Ryan's immediate...

Habitual Residence Prevails Over Parental Agreements in Child Abduction Cases: PETITION OF F AGAINST M ([2021] CSOH 90)

Date: Sep 1, 2021

Habitual Residence Prevails Over Parental Agreements in Child Abduction Cases: Petition of F against M ([2021] CSOH 90) Introduction The case Petition of F against M ([2021] CSOH 90) adjudicated by...

Refinement of the Quincecare Duty: Limitations in the Context of Authorised Push Payment (APP) Fraud – SEKERS FABRICS LTD v CLYDESDALE BANK PLC [2021] CSOH 89

Date: Aug 27, 2021

Refinement of the Quincecare Duty: Limitations in the Context of Authorised Push Payment (APP) Fraud SEKERS FABRICS LTD v CLYDESDALE BANK PLC ([2021] CSOH 89) Introduction In the case of SEKERS...

Reevaluation of Sentencing in Cases of Sexual Offences by Persons in Positions of Trust

Date: Aug 25, 2021

Reevaluation of Sentencing in Cases of Sexual Offences by Persons in Positions of Trust Introduction The case of Kieran Malcolmson against Her Majesty's Advocate ([2021] HCJAC 39) represents a...

Space Hub Sutherland Judgment: Affirmed Standards for Environmental Impact Assessments in Scottish Planning Law

Date: Aug 21, 2021

Space Hub Sutherland Judgment: Affirmed Standards for Environmental Impact Assessments in Scottish Planning Law Introduction The case of Wildland Ltd v The Highland Council ([2021] ScotCS CSOH_87)...

De Praesenti Principle and Rectification in Scottish Land Registration: Comprehensive Analysis of [2021] ScotCS CSIH_44

Date: Aug 21, 2021

De Praesenti Principle and Rectification in Scottish Land Registration: Comprehensive Analysis of [2021] ScotCS CSIH_44 Introduction The case of Reclaiming Motion by BAM TCP Atlantic Square Ltd...

Vermilion Holdings Ltd v HMRC: New Precedent on Section 471(3) Deeming Provision in Employment-Related Securities Options

Date: Aug 21, 2021

Vermilion Holdings Ltd v HMRC: New Precedent on Section 471(3) Deeming Provision in Employment-Related Securities Options Introduction The case of Vermilion Holdings Ltd v The Commissioners for Her...

Establishing Exclusive Ownership of Common Property: Insights from BAM TCP Atlantic Square Ltd v British Telecommunications PLC & Firleigh Ltd [2021] CSIH 44

Date: Aug 21, 2021

Establishing Exclusive Ownership of Common Property: Insights from BAM TCP Atlantic Square Ltd v British Telecommunications PLC & Firleigh Ltd [2021] CSIH 44 Introduction The case of BAM TCP Atlantic...

Midas Touch and De Praesenti Principle in Scottish Land Law: Comprehensive Analysis of [2021] CSIH 44

Date: Aug 21, 2021

Midas Touch and De Praesenti Principle in Scottish Land Law: Comprehensive Analysis of [2021] CSIH 44 Introduction The case of Reclaiming Motion by BAM TCP Atlantic Square Limited against British...