HMRC Can Be “Crammed Down” Under Part 26A and the “No Worse Off” Test Focuses on the Creditor’s Rights Against the Plan Company Introduction Petition of Waldorf CNS (I) LTD for sanction of a...
Nominal-rent lettings and Scotland’s 2023 NDR anti-avoidance rules: comparator evidence can satisfy “significantly below open market rent” without precise valuation Court: Scottish Court of Session,...
No implied 15‑minute maternity triage assessment duty absent policy, and CTG negligence judged by responsible clinical interpretation of NICE 2007 guidance 1. Introduction In AM against Lothian...
“Reasonably Fit for Human Habitation” and Land Contamination: Proof of Health Risk and Causation Cannot Be Inferred from Symptoms Alone Appeal by Pelosi and others v Lanarkshire Housing Association...
Severe Punishment Parts for Premeditated Knife Murder by a 21-Year-Old: Individualised “Young People” Assessment and Limited Value of Cross-Case Comparisons Court: High Court of Justiciary (Appeal...
Irrationality as the Sole Ground for Challenging Ministerial Delay in Exceptional Consular Assistance Decisions Case: A and B for Judicial Review (Outer House, Court of Session) [2026] CSOH 41...
Investor Warranties Do Not Ordinarily Prove Implied Waiver/Personal Bar at Debate: Proof Required Where Waiver Is Alleged Between Co‑Warrantors 1) Introduction In Reclaiming Motion by the Founder...
Duty to Give Clear Reasons When a Disciplinary Decision-Maker Departs from an Investigating Committee’s Findings Court: Outer House, Court of Session Judge: Lord Colbeck Citation: Petition of Andrew...
PHI Benefit Payments Can Remain “Wages” After Dismissal Where the Obligation Survives Termination Court: Scottish Court of Session (Inner House, Extra Division) Neutral citation: [2026] CSIH 19 Date:...
RCS 47.12 Remits in Dilapidations: Court-Appointed Expert as Reporter, Not Quasi-Arbitrator 1. Introduction In HFD Glasgow 3 Limited v Student Loans Company Limited [2026] CSOH 40, the Outer House...
Forum non conveniens is ordinarily not for determination at the group-proceedings permission stage (Scotland) 1) Introduction In Robert Adamson against Arnold Clark Automobiles LTD ([2026] CSOH 39,...
Prison Mail Seized for Drug Contamination: Article 8 Does Not Require Disclosure of Sender or Contents Where Seizure Is Necessary for Security and Evidence Handling Court: Outer House, Court of...
Self-defence must be withdrawn where there is no evidential basis for “no reasonable means of escape” — [2026] HCJAC 13 1. Introduction In [2026] HCJAC 13 the Appeal Court of the High Court of...
Expired Interim Compulsory Supervision Orders Do Not Automatically Render Stated-Case Appeals “Academic” Scottish Court of Session, Inner House (Extra Division) — [2026] CSIH 18 (10 April 2026) 1....
Article 21 Hague Access in Scotland: Welfare-Based Recasting of a Foreign Contact Regime, Limits on Open-Ended “Extra Days”, and Resident-Parent Passport Retention 1. Introduction GNO (Petitioner) v...
Early Learning & Childcare Agreements as “Public Contracts” Only on Uptake, but Procurement Time Limits Run from Sufficient Knowledge (Not Disclosure of Contract Terms) Case: St Margarets Nursery LTD...
Reid v MCM Building & Civil Engineering Construction Ltd: Apportionment in Mesothelioma by “Fibre/ml-Years” Where Exposure Intensity Differs 1. Introduction John Reid sued two former employers—MCM...
British Citizens Returning to Scotland for Safety Are Not “Excepted Students” Comparable to Refugees for Home-Fee Eligibility 1. Introduction Leo Bruce Huisman against University of the Highlands and...
Section 6(4) Induced Error Requires Proof of Actual Reliance; Silence Unknown to the Creditor Cannot Suspend Prescription 1. Introduction Greater Glasgow Health Board (“GGHB”) reclaimed (appealed) a...
Foreign-property litigation can bar later Scottish damages claims where the same alleged agreement is the “foundation” of both cases (res judicata by substance, not remedy) 1) Introduction Case:...