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  • Commentaries

Scotland Case Commentaries

Misapplication of Jury Directions in Self-Defense: Thomson v Her Majesty's Advocate

Misapplication of Jury Directions in Self-Defense: Thomson v Her Majesty's Advocate

Date: Sep 18, 2020
Misapplication of Jury Directions in Self-Defense: Thomson v Her Majesty's Advocate Introduction In the landmark case of Thomson v Her Majesty's Advocate ([2020] ScotHC HCJAC_49), the Scottish High...
Balancing Privacy and Public Confidence: Scottish Court's Landmark Decision on Police Misconduct Proceedings

Balancing Privacy and Public Confidence: Scottish Court's Landmark Decision on Police Misconduct Proceedings

Date: Sep 17, 2020
Balancing Privacy and Public Confidence: Scottish Court's Landmark Decision on Police Misconduct Proceedings Introduction The case of BC and Others against Iain Livingstone QPM, Chief Constable of...
Judicial Review on Refusal of Leave to Appeal: Emphasis on Expert Evidence Weighting

Judicial Review on Refusal of Leave to Appeal: Emphasis on Expert Evidence Weighting

Date: Sep 16, 2020
Judicial Review on Refusal of Leave to Appeal: Emphasis on Expert Evidence Weighting Introduction The case of MDRIK VALABAIGI (AP) against the Secretary of State for the Home Department ([2020]...
Interpretation of Possession and Knowledge in Indecent Image Offences: Insights from [2020] ScotHC HCJAC_38

Interpretation of Possession and Knowledge in Indecent Image Offences: Insights from [2020] ScotHC HCJAC_38

Date: Sep 16, 2020
Interpretation of Possession and Knowledge in Indecent Image Offences: Insights from [2020] ScotHC HCJAC_38 Introduction The case of Fevos Georgiou versus Her Majesty's Advocate ([2020] ScotHC...
Affirming the Certification of Article 3 Claims as Clearly Unfounded: Fathabadi v Advocate General for Scotland [2020] CSOH 83

Affirming the Certification of Article 3 Claims as Clearly Unfounded: Fathabadi v Advocate General for Scotland [2020] CSOH 83

Date: Sep 10, 2020
Affirming the Certification of Article 3 Claims as Clearly Unfounded: Fathabadi v Advocate General for Scotland [2020] CSOH 83 Introduction The case of Fathabadi v Advocate General for Scotland...
Reaffirming Time Bar Limitations in VAT Assessments: Insights from DCM Optical Holdings Ltd v HMRC [2020]

Reaffirming Time Bar Limitations in VAT Assessments: Insights from DCM Optical Holdings Ltd v HMRC [2020]

Date: Sep 9, 2020
Reaffirming Time Bar Limitations in VAT Assessments: Insights from DCM Optical Holdings Ltd v HMRC [2020] Introduction The case of DCM (Optical Holdings) Limited versus The Commissioners for Her...
Reclaiming Motion Against John Gunn and Sons Ltd: A Landmark Decision on State Aid Recovery

Reclaiming Motion Against John Gunn and Sons Ltd: A Landmark Decision on State Aid Recovery

Date: Sep 5, 2020
Reclaiming Motion Against John Gunn and Sons Ltd: A Landmark Decision on State Aid Recovery Introduction The case of Reclaiming Motion in the Advocate General against John Gunn and Sons Ltd ([2020]...
Transparency in Public Procurement: Insights from A C Whyte & Co Ltd v Renfrewshire Council [2020] CSOH 82

Transparency in Public Procurement: Insights from A C Whyte & Co Ltd v Renfrewshire Council [2020] CSOH 82

Date: Sep 5, 2020
Transparency in Public Procurement: Insights from A C Whyte & Co Ltd v Renfrewshire Council [2020] CSOH 82 Introduction The case A C Whyte & Company Limited vs Renfrewshire Council ([2020] CSOH 82)...
Sentencing Young Offenders in Serious Crimes: Insights from [2020] ScotHC HCJAC_41

Sentencing Young Offenders in Serious Crimes: Insights from [2020] ScotHC HCJAC_41

Date: Sep 5, 2020
Sentencing Young Offenders in Serious Crimes: Insights from [2020] ScotHC HCJAC_41 Introduction The case of Keirin McMillan or Elliott, Aron McMillan, and Levi Hunter or Brown v Her Majesty's...
Establishing Judicial Review Standards in Asylum Cases: Tobassi v Secretary of State [2020] ScotCS CSIH 58

Establishing Judicial Review Standards in Asylum Cases: Tobassi v Secretary of State [2020] ScotCS CSIH 58

Date: Sep 5, 2020
Establishing Judicial Review Standards in Asylum Cases: Tobassi v Secretary of State [2020] ScotCS CSIH 58 Introduction The case of Majdoulan Saleh Tobassi v Secretary of State for the Home...
Strict Criteria for Judicial Review in Immigration Appeals: Insights from [2020] CSIH 59

Strict Criteria for Judicial Review in Immigration Appeals: Insights from [2020] CSIH 59

Date: Sep 5, 2020
Strict Criteria for Judicial Review in Immigration Appeals: Insights from [2020] CSIH 59 Introduction The Appeal by Waqar Ahmed and Others against the Secretary of State for the Home Department...
Upholding Statutory Risk Management Frameworks: O'Leary v Scottish Ministers [2020] ScotCS CSOH_81

Upholding Statutory Risk Management Frameworks: O'Leary v Scottish Ministers [2020] ScotCS CSOH_81

Date: Sep 3, 2020
Upholding Statutory Risk Management Frameworks: O'Leary v Scottish Ministers [2020] ScotCS CSOH_81 Introduction The case O'Leary v Scottish Ministers ([2020] ScotCS CSOH_81) pertains to a petition...
Establishing Habitual Residence in Child Abduction Cases: Insights from [2020] CSOH 80

Establishing Habitual Residence in Child Abduction Cases: Insights from [2020] CSOH 80

Date: Aug 29, 2020
Establishing Habitual Residence in Child Abduction Cases: Insights from [2020] CSOH 80 Introduction The case of JP vs. AAR and ENM ([2020] CSOH 80) adjudicated by the Scottish Court of Session delves...
Al Megrahi Appeal: Reinforcing Standards for Disclosure and Evidence Evaluation

Al Megrahi Appeal: Reinforcing Standards for Disclosure and Evidence Evaluation

Date: Aug 27, 2020
Al Megrahi Appeal: Reinforcing Standards for Disclosure and Evidence Evaluation Introduction The appeal case APPLICATIONS IN THE APPEAL AGAINST CONVICTION BY THE REPRESENTATIVE OF THE LATE ABDELBASET...
Revisiting Sentencing Principles for Juvenile Offenders: Insights from JB v HM Advocate [2020] HCJAC_35

Revisiting Sentencing Principles for Juvenile Offenders: Insights from JB v HM Advocate [2020] HCJAC_35

Date: Aug 26, 2020
Revisiting Sentencing Principles for Juvenile Offenders: Insights from JB v HM Advocate [2020] HCJAC_35 Introduction The case of JB v HM Advocate [2020] HCJAC_35 presents a pivotal moment in the...
Establishing the Boundaries of Political Opinion in Asylum Claims: Insights from APPEAL BY ZUO HUI XIE AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT ([2020] CSIH 52)

Establishing the Boundaries of Political Opinion in Asylum Claims: Insights from APPEAL BY ZUO HUI XIE AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT ([2020] CSIH 52)

Date: Aug 22, 2020
Establishing the Boundaries of Political Opinion in Asylum Claims: Insights from APPEAL BY ZUO HUI XIE AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT ([2020] CSIH 52) Introduction The case of...
Exclusive Appeal Routes under Section 27D: Establishing the Inapplicability of Section 28 to Permission Decisions

Exclusive Appeal Routes under Section 27D: Establishing the Inapplicability of Section 28 to Permission Decisions

Date: Aug 22, 2020
Exclusive Appeal Routes under Section 27D: Establishing the Inapplicability of Section 28 to Permission Decisions Introduction In Reclaiming Motion by Adeyim Odutola Odubajo (AP) against the...
Reinforcement of Credibility Assessment Standards in Asylum Claims: Al-Enezi Appeal [2020] ScotCS CSIH_54

Reinforcement of Credibility Assessment Standards in Asylum Claims: Al-Enezi Appeal [2020] ScotCS CSIH_54

Date: Aug 22, 2020
Reinforcement of Credibility Assessment Standards in Asylum Claims: Al-Enezi Appeal [2020] ScotCS CSIH_54 Introduction The case of Hussain Mubarak Al-Enezi and Another v. The Secretary of State for...
Judicial Review Remains Accessible Despite Ombudsman Remedies: Comprehensive Analysis of RECLAIMING MOTION BY TERRI McCUE [2020] CSIH 51

Judicial Review Remains Accessible Despite Ombudsman Remedies: Comprehensive Analysis of RECLAIMING MOTION BY TERRI McCUE [2020] CSIH 51

Date: Aug 22, 2020
Judicial Review Remains Accessible Despite Ombudsman Remedies: Comprehensive Analysis of RECLAIMING MOTION BY TERRI McCUE [2020] CSIH 51 Introduction The case RECLAIMING MOTION BY TERRI McCUE for...
Independent Corroboration in Multiple Charge Convictions: High Court Upholds Conviction in [2020] HCJAC 34

Independent Corroboration in Multiple Charge Convictions: High Court Upholds Conviction in [2020] HCJAC 34

Date: Aug 21, 2020
Independent Corroboration in Multiple Charge Convictions: High Court Upholds Conviction in [2020] HCJAC 34 Introduction The case of Alexander Burke (Senior) v Her Majesty's Advocate ([2020] HCJAC 34)...
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