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  • Commentaries

Scotland Case Commentaries

Corroborative Familial Circumstances as Evidence in Rape Convictions: Analysis of [2020] HCJAC 50

Corroborative Familial Circumstances as Evidence in Rape Convictions: Analysis of [2020] HCJAC 50

Date: Nov 7, 2020
Corroborative Familial Circumstances as Evidence in Rape Convictions: Analysis of [2020] HCJAC 50 Introduction The case of APPEAL AGAINST CONVICTION BY LW AGAINST HER MAJESTY'S ADVOCATE ([2020] HCJAC...
Clarifying the Burden of Proof under Res Ipsa Loquitur: Insights from Woodhouse v Lochs and Glens (Transport) Ltd [2020] CSIH 67

Clarifying the Burden of Proof under Res Ipsa Loquitur: Insights from Woodhouse v Lochs and Glens (Transport) Ltd [2020] CSIH 67

Date: Oct 31, 2020
Clarifying the Burden of Proof under Res Ipsa Loquitur: Insights from Woodhouse v Lochs and Glens (Transport) Ltd [2020] CSIH 67 Introduction The case of Allen Woodhouse v Lochs and Glens (Transport)...
Corroborative Evidence in Sexual Offence Cases: Garland v HM Advocate [2020] ScotHC HCJAC_46

Corroborative Evidence in Sexual Offence Cases: Garland v HM Advocate [2020] ScotHC HCJAC_46

Date: Oct 31, 2020
Corroborative Evidence in Sexual Offence Cases: Garland v HM Advocate [2020] ScotHC HCJAC_46 Introduction The case of Alexander John Garland versus Her Majesty's Advocate [2020] ScotHC HCJAC_46 is a...
Admissibility of Psychological Evidence on Memory in Sexual Abuse Cases: HMA v KB ([2022] ScotHC HCJ_4) Commentary

Admissibility of Psychological Evidence on Memory in Sexual Abuse Cases: HMA v KB ([2022] ScotHC HCJ_4) Commentary

Date: Oct 31, 2020
Admissibility of Psychological Evidence on Memory in Sexual Abuse Cases: HMA v KB ([2022] ScotHC HCJ_4) Commentary Introduction The case of Her Majesty's Advocate (HMA) versus KB, adjudicated in the...
Discretionary Consideration of Interruptions in Continuous Lawful Residence: Awa v Secretary of State [2020] CSOH 91

Discretionary Consideration of Interruptions in Continuous Lawful Residence: Awa v Secretary of State [2020] CSOH 91

Date: Oct 31, 2020
Discretionary Consideration of Interruptions in Continuous Lawful Residence: Awa v Secretary of State for the Home Department [2020] CSOH 91 Introduction Awa v Secretary of State for the Home...
Equitable Reduction and Unjust Enrichment: Insights from Lindsay v Outlook Finance Ltd [2020] ScotCS CSOH_90

Equitable Reduction and Unjust Enrichment: Insights from Lindsay v Outlook Finance Ltd [2020] ScotCS CSOH_90

Date: Oct 29, 2020
Equitable Reduction and Unjust Enrichment: Insights from Lindsay v Outlook Finance Ltd [2020] ScotCS CSOH_90 Introduction The case of William Lindsay against Outlook Finance Ltd, adjudicated by the...
Implied Admission through Lack of Response: Campbell v HMA [2020] ScotHC HCJAC_47

Implied Admission through Lack of Response: Campbell v HMA [2020] ScotHC HCJAC_47

Date: Oct 28, 2020
Implied Admission through Lack of Response: Campbell v HMA [2020] ScotHC HCJAC_47 Introduction The case of Gordon Campbell v Her Majesty's Advocate (HMA) [2020] ScotHC HCJAC_47, adjudicated by the...
Reaffirming Liquidator's Discretion in Asset Disposal: Analysis of Sweeney v Urquhart [2020] CSIH 65

Reaffirming Liquidator's Discretion in Asset Disposal: Analysis of Sweeney v Urquhart [2020] CSIH 65

Date: Oct 21, 2020
Reaffirming Liquidator's Discretion in Asset Disposal: Analysis of Sweeney v Urquhart [2020] CSIH 65 Introduction The case of Sweeney and Donalda Sweeney v Urquhart ([2020] CSIH 65) adjudicated by...
Enhancing Prisoners' ECHR Rights Through the Public Sector Equality Duty: Analysis of S v Scottish Ministers [2020] ScotCS CSIH_64

Enhancing Prisoners' ECHR Rights Through the Public Sector Equality Duty: Analysis of S v Scottish Ministers [2020] ScotCS CSIH_64

Date: Oct 17, 2020
Enhancing Prisoners' ECHR Rights Through the Public Sector Equality Duty: Analysis of S v Scottish Ministers [2020] ScotCS CSIH_64 Introduction In the landmark case S v Scottish Ministers [2020]...
Application of the Moorov Doctrine in Sexual Offence Cases with Extended Time Gaps

Application of the Moorov Doctrine in Sexual Offence Cases with Extended Time Gaps

Date: Oct 15, 2020
Application of the Moorov Doctrine in Sexual Offence Cases with Extended Time Gaps Introduction The case of GH v Her Majesty's Advocate ([2020] ScotHC HCJAC_44) presents a significant examination of...
Incrimination of a Third Party in Sexual Offence Charges: Insights from [2020] HCJAC 45

Incrimination of a Third Party in Sexual Offence Charges: Insights from [2020] HCJAC 45

Date: Oct 15, 2020
Incrimination of a Third Party in Sexual Offence Charges: Insights from [2020] HCJAC 45 Introduction The case of JL v Her Majesty's Advocate ([2020] HCJAC 45) represents a significant appellate...
Affirming the Inadmissibility of Collateral Sexual Conduct Evidence in Consent Determinations: CH v HM Advocate ([2020] HCJAC 43)

Affirming the Inadmissibility of Collateral Sexual Conduct Evidence in Consent Determinations: CH v HM Advocate ([2020] HCJAC 43)

Date: Oct 14, 2020
Affirming the Inadmissibility of Collateral Sexual Conduct Evidence in Consent Determinations Introduction The case of CH v Her Majesty's Advocate ([2020] HCJAC 43) before the Scottish High Court of...
Application of Article 13(b) in Child Abduction Cases: Analysis of M v C [2020] ScotCS CSIH_63

Application of Article 13(b) in Child Abduction Cases: Analysis of M v C [2020] ScotCS CSIH_63

Date: Oct 7, 2020
Application of Article 13(b) in Child Abduction Cases: Analysis of M v C [2020] ScotCS CSIH_63 Introduction The case of M against C ([2020] ScotCS CSIH_63) adjudicated by the Scottish Court of...
Scottish Court of Session Declines Greenpeace's Judicial Review on Environmental Consent for Vorlich Field Development

Scottish Court of Session Declines Greenpeace's Judicial Review on Environmental Consent for Vorlich Field Development

Date: Oct 2, 2020
Scottish Court of Session Declines Greenpeace's Judicial Review on Environmental Consent for Vorlich Field Development Introduction In the landmark case Greenpeace Ltd v. Secretary of State for...
Enforcement of Mutual Trust and Cooperation in NEC3 Subcontracts: Van Oord vs Dragados Decision

Enforcement of Mutual Trust and Cooperation in NEC3 Subcontracts: Van Oord vs Dragados Decision

Date: Oct 1, 2020
Enforcement of Mutual Trust and Cooperation in NEC3 Subcontracts: Van Oord vs Dragados Decision Introduction The case of Van Oord UK Limited against Dragados UK Limited, adjudicated on September 30,...
Posthumous Consent for IVF Treatment: SB v University of Aberdeen and Others [2020] CSIH 62

Posthumous Consent for IVF Treatment: SB v University of Aberdeen and Others [2020] CSIH 62

Date: Sep 26, 2020
Posthumous Consent for IVF Treatment: SB v University of Aberdeen and Others [2020] CSIH 62 Introduction The case of SB v University of Aberdeen and Others [2020] CSIH 62 addresses the intricate...
Mutual Corroboration of Hearsay Evidence in Ensuring Fair Trial Rights: Commentary on [2020] HCJAC 42

Mutual Corroboration of Hearsay Evidence in Ensuring Fair Trial Rights: Commentary on [2020] HCJAC 42

Date: Sep 25, 2020
Mutual Corroboration of Hearsay Evidence in Ensuring Fair Trial Rights: Commentary on [2020] HCJAC 42 Introduction The case of AS v Her Majesty's Advocate ([2020] HCJAC 42) adjudicated by the...
Interpretation of Surrender Premiums in Development Leases: 3639 LTD v Renfrewshire Council [2020]

Interpretation of Surrender Premiums in Development Leases: 3639 LTD v Renfrewshire Council [2020]

Date: Sep 24, 2020
Interpretation of Surrender Premiums in Development Leases: 3639 LTD v Renfrewshire Council [2020] Introduction The case of 3639 Ltd against Renfrewshire Council ([2020] ScotCS CSOH_86) revolves...
Judicial Misconduct and the Doctrine of Mutual Corroboration: Insights from Ahmed v. Her Majesty's Advocate

Judicial Misconduct and the Doctrine of Mutual Corroboration: Insights from Ahmed v. Her Majesty's Advocate

Date: Sep 19, 2020
Judicial Misconduct and the Doctrine of Mutual Corroboration: Insights from Ahmed v. Her Majesty's Advocate Introduction The case of Adnan Munir Ahmed v. Her Majesty's Advocate ([2020] ScotHC...
Enhancing Sentencing Aggravations in Domestic Homicide: Insights from Rizzo v Her Majesty's Advocate [2020] HCJAC 40

Enhancing Sentencing Aggravations in Domestic Homicide: Insights from Rizzo v Her Majesty's Advocate [2020] HCJAC 40

Date: Sep 19, 2020
Enhancing Sentencing Aggravations in Domestic Homicide: Insights from Rizzo v Her Majesty's Advocate [2020] HCJAC 40 Introduction The case of Keith Rizzo versus Her Majesty's Advocate ([2020] HCJAC...
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