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  • Commentaries

Scotland Case Commentaries

Detriment as a Prerequisite in Crofting Commission Approvals: Insight from [2020] ScotCS CSIH_49

Detriment as a Prerequisite in Crofting Commission Approvals: Insight from [2020] ScotCS CSIH_49

Date: Aug 20, 2020
Detriment as a Prerequisite in Crofting Commission Approvals: Insight from [2020] ScotCS CSIH_49 Introduction The case presented before the Scottish Court of Session ([2020] ScotCS CSIH_49) involves...
Reclaiming Motion in Common Good Property: New Precedents and Legal Principles Established in RECLAIMING MOTION OF MARK GUILD AND ANOTHER AGAINST ANGUS COUNCIL FOR JUDICIAL REVIEW ([2020] ScotCS CSIH_50)

Reclaiming Motion in Common Good Property: New Precedents and Legal Principles Established in RECLAIMING MOTION OF MARK GUILD AND ANOTHER AGAINST ANGUS COUNCIL FOR JUDICIAL REVIEW ([2020] ScotCS CSIH_50)

Date: Aug 20, 2020
Reclaiming Motion in Common Good Property: New Precedents and Legal Principles Established in RECLAIMING MOTION OF MARK GUILD AND ANOTHER AGAINST ANGUS COUNCIL FOR JUDICIAL REVIEW ([2020] ScotCS...
Clarifying the Limits of Duty of Care for Public Authorities: Insights from [2020] CSIH 47

Clarifying the Limits of Duty of Care for Public Authorities: Insights from [2020] CSIH 47

Date: Aug 15, 2020
Clarifying the Limits of Duty of Care for Public Authorities: Insights from [2020] CSIH 47 Introduction The case of Michelle Adewemi Adiukwu v. Secretary of State for the Home Department ([2020] CSIH...
Rebutting Presumptions of Receipt in Contractual Terms: PETER J STIRLING LTD v BRINKMAN UK LTD [2020] ScotCS CSOH_79

Rebutting Presumptions of Receipt in Contractual Terms: PETER J STIRLING LTD v BRINKMAN UK LTD [2020] ScotCS CSOH_79

Date: Aug 14, 2020
Rebutting Presumptions of Receipt in Contractual Terms: PETER J STIRLING LTD v BRINKMAN UK LTD [2020] ScotCS CSOH_79 Introduction The case of PETER J STIRLING LTD v BRINKMAN (HORTICULTURAL SERVICE)...
Creditor Ranking and Contractual Relationships in Liquidation: Insights from AWPR Construction Joint Venture v Everprime Ltd

Creditor Ranking and Contractual Relationships in Liquidation: Insights from AWPR Construction Joint Venture v Everprime Ltd

Date: Aug 13, 2020
Creditor Ranking and Contractual Relationships in Liquidation: Insights from AWPR Construction Joint Venture v Everprime Ltd Introduction The case of AWPR Construction Joint Venture and Others...
Restricting Access Servitudes: Comprehensive Analysis of Ruddiman v Hawthorne [2020] ScotCS CSIH_46

Restricting Access Servitudes: Comprehensive Analysis of Ruddiman v Hawthorne [2020] ScotCS CSIH_46

Date: Aug 12, 2020
Restricting Access Servitudes: Comprehensive Analysis of Ruddiman v Hawthorne [2020] ScotCS CSIH_46 Introduction The case of Ruddiman v Hawthorne and Others ([2020] ScotCS CSIH_46) adjudicated in the...
Reinforcement of Mutual Corroboration Doctrine in Sexual Offences Cases

Reinforcement of Mutual Corroboration Doctrine in Sexual Offences Cases

Date: Aug 5, 2020
Reinforcement of Mutual Corroboration Doctrine in Sexual Offences Cases Introduction The case of James Penrice ([2020] HCJAC 32) brought before the Scottish High Court of Justiciary highlights...
Enhanced Vibration Monitoring Apparatus: ReACTEC Ltd v Curotec Team Ltd [2020] CSOH 77

Enhanced Vibration Monitoring Apparatus: ReACTEC Ltd v Curotec Team Ltd [2020] CSOH 77

Date: Aug 1, 2020
Enhanced Vibration Monitoring Apparatus: ReACTEC Ltd v Curotec Team Ltd [2020] CSOH 77 Introduction In the landmark case of ReACTEC Ltd against Curotec Team Ltd ([2020] CSOH 77), the Scottish Court...
Reaffirming the Corner House Criteria for Protective Expenses Orders: Refusal in Keatings v Advocate General for Scotland

Reaffirming the Corner House Criteria for Protective Expenses Orders: Refusal in Keatings v Advocate General for Scotland

Date: Jul 31, 2020
Reaffirming the Corner House Criteria for Protective Expenses Orders: Refusal in Keatings v Advocate General for Scotland Introduction The case of Martin James Keatings v Advocate General for...
Court Upholds Scottish Ministers' Policy on Reduced Grants for Multiple RHL Properties

Court Upholds Scottish Ministers' Policy on Reduced Grants for Multiple RHL Properties

Date: Jul 24, 2020
Court Upholds Scottish Ministers' Policy on Reduced Grants for Multiple RHL Properties Introduction The case of Jon Sharp v. The Scottish Ministers ([2020] ScotCS CSOH_74) addressed the legality of...
Methodological Compliance in Housing Land Supply: Insights from [2020] ScotCS CSIH_44

Methodological Compliance in Housing Land Supply: Insights from [2020] ScotCS CSIH_44

Date: Jul 23, 2020
Methodological Compliance in Housing Land Supply: Insights from [2020] ScotCS CSIH_44 Introduction The case of MacTaggart and Mickel Homes Ltd and Others against Inverclyde Council and Another...
Affirming the Extent of Legal Aid Discretion: Analysis of Beggs v Scottish Legal Aid Board [2020] CSOH 71

Affirming the Extent of Legal Aid Discretion: Analysis of Beggs v Scottish Legal Aid Board [2020] CSOH 71

Date: Jul 15, 2020
Affirming the Extent of Legal Aid Discretion: Analysis of Beggs v Scottish Legal Aid Board [2020] CSOH 71 Introduction Beggs v Scottish Legal Aid Board [2020] CSOH 71 is a pivotal case adjudicated by...
CSIH 42: Reinforcing Tribunal Authority and Procedural Standards in Fitness to Teach Appeals

CSIH 42: Reinforcing Tribunal Authority and Procedural Standards in Fitness to Teach Appeals

Date: Jul 15, 2020
CSIH 42: Reinforcing Tribunal Authority and Procedural Standards in Fitness to Teach Appeals Introduction The judgment in LM v General Teaching Council for Scotland [2020] CSIH 42 represents a...
Establishing Burden of Proof in Sale of Goods Act Claims: Insights from MG Construction Ltd v AGD Equipment Ltd [2020] CSOH 72

Establishing Burden of Proof in Sale of Goods Act Claims: Insights from MG Construction Ltd v AGD Equipment Ltd [2020] CSOH 72

Date: Jul 15, 2020
Establishing Burden of Proof in Sale of Goods Act Claims: Insights from MG Construction Ltd v AGD Equipment Ltd [2020] CSOH 72 Introduction The case of MG Construction Ltd v AGD Equipment Ltd ([2020]...
Contract Construction and Apparent Bias in Share Valuation: Insights from Somerville, Shaw & Felisianik v McGuire [2020] ScotCS CSOH_70

Contract Construction and Apparent Bias in Share Valuation: Insights from Somerville, Shaw & Felisianik v McGuire [2020] ScotCS CSOH_70

Date: Jul 11, 2020
Contract Construction and Apparent Bias in Share Valuation: Insights from Somerville, Shaw & Felisianik v McGuire [2020] ScotCS CSOH_70 Introduction The case of Somerville, Shaw & Felisianik v...
Scope of Roads Authority Duty Under Section 1(1) of the Roads (Scotland) Act 1984: Analysis of McCalls Ltd v Aberdeen City Council

Scope of Roads Authority Duty Under Section 1(1) of the Roads (Scotland) Act 1984: Analysis of McCalls Ltd v Aberdeen City Council

Date: Jul 11, 2020
Scope of Roads Authority Duty Under Section 1(1) of the Roads (Scotland) Act 1984: Analysis of McCalls Ltd v Aberdeen City Council Introduction The case of McCalls Ltd v Aberdeen City Council ([2020]...
Reaffirmation of NMC's Authority and Standards in Fitness to Practice: LK v Nursing and Midwifery Council [2020] CSIH 40

Reaffirmation of NMC's Authority and Standards in Fitness to Practice: LK v Nursing and Midwifery Council [2020] CSIH 40

Date: Jul 10, 2020
Reaffirmation of NMC's Authority and Standards in Fitness to Practice: LK v Nursing and Midwifery Council [2020] CSIH 40 Introduction The case of LK v Nursing and Midwifery Council ([2020] CSIH 40)...
Legal Commentary: [2020] CSOH 69 - Upholding Immediate Notification Conditions in Parole Licences

Legal Commentary: [2020] CSOH 69 - Upholding Immediate Notification Conditions in Parole Licences

Date: Jul 9, 2020
Upholding Immediate Notification Conditions in Parole Licences: A Comprehensive Analysis of [2020] CSOH 69 Introduction The case of AB v Scottish Court of Session ([2020] CSOH 69) presents a pivotal...
Establishing Irretrievable Breakdown through Unreasonable Behaviour: Analysis of YI v AAW [2020] CSOH 76

Establishing Irretrievable Breakdown through Unreasonable Behaviour: Analysis of YI v AAW [2020] CSOH 76

Date: Jul 9, 2020
Establishing Irretrievable Breakdown through Unreasonable Behaviour: Analysis of YI v AAW [2020] CSOH 76 Introduction The case YI v AAW [2020] CSOH 76 represents a significant judicial decision by...
Reforming Youth Sentencing: Insights from Liam Hay's Appeal Against Sentence

Reforming Youth Sentencing: Insights from Liam Hay's Appeal Against Sentence

Date: Jul 9, 2020
Reforming Youth Sentencing: Insights from Liam Hay's Appeal Against Sentence Introduction The case of Liam Alec Robert Hay represents a pivotal moment in Scottish criminal jurisprudence, particularly...
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