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  • Commentaries

Scotland Case Commentaries

“Sarwar v Phlo Technologies”: The Objective-Conduct Test for Implied Waiver & Personal Bar in Scots Company Law

“Sarwar v Phlo Technologies”: The Objective-Conduct Test for Implied Waiver & Personal Bar in Scots Company Law

Date: Jun 30, 2025
“Sarwar v Phlo Technologies”: The Objective-Conduct Test for Implied Waiver & Personal Bar in Scots Company Law 1. Introduction In Nadeem Sarwar v Phlo Technologies Ltd & Ors ([2025] CSOH 55) Lord...
Re-calibrating Sentencing for Repeated Rape:  HM Advocate v MacGregor ([2025] HCJAC 28)

Re-calibrating Sentencing for Repeated Rape: HM Advocate v MacGregor ([2025] HCJAC 28)

Date: Jun 28, 2025
Re-calibrating Sentencing for Repeated Rape: HM Advocate v MacGregor ([2025] HCJAC 28) 1 · Introduction The Appeal Court of the Scottish High Court of Justiciary, sitting as a three-judge bench and...
Cowie v Vitality: A Scottish Blueprint for the Consumer Insurance (Disclosure and Representations) Act 2012

Cowie v Vitality: A Scottish Blueprint for the Consumer Insurance (Disclosure and Representations) Act 2012

Date: Jun 26, 2025
Cowie v Vitality: A Scottish Blueprint for the Consumer Insurance (Disclosure and Representations) Act 2012 1. Introduction The decision of Lord Sandison in Gillian Cowie (as Executrix-Dative of the...
The “Huisman Principle” – Humanitarian UK Nationals with an Automatic Right of Abode Are Not “Excepted Students” for Scottish Tuition-Fee Purposes

The “Huisman Principle” – Humanitarian UK Nationals with an Automatic Right of Abode Are Not “Excepted Students” for Scottish Tuition-Fee Purposes

Date: Jun 26, 2025
The “Huisman Principle” – Humanitarian UK Nationals with an Automatic Right of Abode Are Not “Excepted Students” for Scottish Tuition-Fee Purposes 1. Introduction In Petition of Leo Huisman for...
Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant

Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant

Date: Jun 23, 2025
Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant Introduction In Application for Leave to...
“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (NMC Extension Cases, [2025] CSOH 51)

“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (NMC Extension Cases, [2025] CSOH 51)

Date: Jun 23, 2025
“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (The Nursing & Midwifery Council for Extension of Time Periods of Interim...
No Automatic Right of Appeal for Repeat Human-Rights Submissions – Commentary on Veysel Erturk v SSHD [2025] CSOH 49

No Automatic Right of Appeal for Repeat Human-Rights Submissions – Commentary on Veysel Erturk v SSHD [2025] CSOH 49

Date: Jun 18, 2025
No Automatic Right of Appeal for Repeat Human-Rights Submissions: Court of Session Affirms Robinson Principle in Veysel Erturk for Judicial Review [2025] CSOH 49 1. Introduction In Veysel Erturk for...
Fanning v Secretary of State & Scottish Ministers:  The “Ripple-Effect” Test for Standing and a Restatement of Equality-Duty Compliance in Devolved Social-Security Policy

Fanning v Secretary of State & Scottish Ministers: The “Ripple-Effect” Test for Standing and a Restatement of Equality-Duty Compliance in Devolved Social-Security Policy

Date: Jun 18, 2025
Fanning v Secretary of State & Scottish Ministers: The “Ripple-Effect” Test for Standing and a Restatement of Equality-Duty Compliance in Devolved Social-Security Policy 1. Introduction The Outer...
Separated co-parents living in two households can be a “relevant couple” for joint adoption: a purposive construction of section 29(3)(d) of the Adoption and Children (Scotland) Act 2007

Separated co-parents living in two households can be a “relevant couple” for joint adoption: a purposive construction of section 29(3)(d) of the Adoption and Children (Scotland) Act 2007

Date: Jun 14, 2025
Separated co-parents living in two households can be a “relevant couple” for joint adoption: a purposive construction of section 29(3)(d) of the Adoption and Children (Scotland) Act 2007 Case:...
“Qualified Finality” — The Limited Reach of Res Judicata in Scottish Mental-Health Tribunal Appeals

“Qualified Finality” — The Limited Reach of Res Judicata in Scottish Mental-Health Tribunal Appeals

Date: Jun 12, 2025
“Qualified Finality” — The Limited Reach of Res Judicata in Scottish Mental-Health Tribunal Appeals 1. Introduction In Dr Agnes Louise Johnston v GA and another ([2025] CSIH 18) the Inner House of...
No Right of Recoupment under Section 151(8) After Policy Avoidance under Section 152(2)

No Right of Recoupment under Section 151(8) After Policy Avoidance under Section 152(2)

Date: Jun 12, 2025
No Right of Recoupment under Section 151(8) After Policy Avoidance under Section 152(2) Ian Whyte v David Arthur [2025] CSOH 47 1. Introduction Ian Whyte, a passenger injured in a 2017 road-traffic...
“Beyond Academic Judgment” – Court of Session Clarifies the SPSO’s Duty to Investigate University Maladministration and Systemic Discrimination

“Beyond Academic Judgment” – Court of Session Clarifies the SPSO’s Duty to Investigate University Maladministration and Systemic Discrimination

Date: Jun 12, 2025
“Beyond Academic Judgment” – Court of Session Clarifies the SPSO’s Duty to Investigate University Maladministration and Systemic Discrimination 1. Introduction AB v The Scottish Public Services...
Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021

Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021

Date: Jun 9, 2025
Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021 Introduction In James Gillespie and another v Alan...
Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals

Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals

Date: Jun 9, 2025
Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals Introduction This case arises from an appeal by J29 (Scotland) Limited ("the...
EO: Incapacity of Natural Parents and the Necessity-Only Adoption Order  
— [2025] CSOH 45

EO: Incapacity of Natural Parents and the Necessity-Only Adoption Order — [2025] CSOH 45

Date: May 29, 2025
EO: Incapacity of Natural Parents and the Necessity-Only Adoption Order — [2025] CSOH 45 Introduction In AD10/23 the Outer House of the Scottish Court of Session was asked to decide whether J.K....
“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed

“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed

Date: May 28, 2025
“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed Introduction In Appeal against Sentence by NS v. HMA ([2025] HCJAC 24) the Scottish High...
Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings

Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings

Date: May 28, 2025
Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings Introduction This commentary examines the decision in Milligan v Jaguar Land Rover Automotive Plc and...
Material Change and Forum Competence in Article 15 Jurisdiction Transfers

Material Change and Forum Competence in Article 15 Jurisdiction Transfers

Date: May 23, 2025
Material Change and Forum Competence in Article 15 Jurisdiction Transfers Introduction This commentary reviews the decision of the Scottish Court of Session in Brechin v LO & EO ([2025] CSIH 15),...
Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases: Beveridge [2025] HCJAC 23

Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases: Beveridge [2025] HCJAC 23

Date: May 22, 2025
Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases Introduction This commentary examines the decision of the Scottish High Court of Justiciary...
Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards

Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards

Date: May 21, 2025
Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards Introduction This commentary examines the Court of Session’s decision in Tracy McFadyean v...
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